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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations) n" Q/ s6 h7 r; |
上面说 非商业 进口 可以免关税?' J. @! H6 l9 Y
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
3 V* e& b( O4 \; _. s& n2 z c74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ _" k! q9 z$ c1 J/ u$ \
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 _0 c" J- x3 x; ^0 eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 z" g5 g) P! g; D! @(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# ^8 R3 Q! i2 ~; Q7 jCanada to the time of release;
1 E9 M; F! `3 m(b) the quantity released is less than the quantity in respect of which duties were paid;- F3 a9 i: i, \* L) t, A4 o7 J
(c) they are of a quality inferior to that in respect of which duties were paid;+ N, J$ P. B1 D6 I+ R, n
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: d( r% i7 R$ c* E. f0 B
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 J; U" t5 @; K# q
case may be, was made in respect of those goods at the time they were accounted for under4 W6 \0 b1 D8 H; J
subsection 32(1), (3) or (5);
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1 ~( x" p e# Y1 b; I: D4 W(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
# b5 ]# o; M* U6 hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are& _, M: F) N; j0 b
accounted for under subsection 32(1), (3) or (5);* b3 v \! F' Z1 H; S- W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;( V+ r! f2 Z2 u. C+ F% Y+ B- Y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, O- v7 ?3 W9 G) R9 k5 Bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. Y- D. ^5 _$ nvalue for duty in respect of the goods and the determination has not been the subject of a decision
: k6 |/ D5 F* N4 W. K. Y6 Qunder any of sections 59 to 61;
/ p% u& T0 b, g(f) [not applicable to non-commercial goods];2 E1 Y% ^/ ?- R) C( C
(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 s, N0 u8 M8 M: m2 Q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
3 {) C" Q# L9 X& B- y* q9 ~8 Von tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) D4 U% T x$ C$ g9 H* cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 c( b/ V3 B( I. F7 p6 V(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
c+ V! ~: r! o& H; x. S% junless written notice of the claim and the reason for it is given to an officer within the prescribed time.' d1 F# m! c- \% _2 y7 v
(3) No refund shall be granted under subsection (1) in respect of a claim unless
* k1 F, \3 c. M" h# \# h(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! D( e1 K/ A) i* T; U6 s: c% nrespect of which the claim is made or otherwise verify the reason for the claim; and
; V/ b& W: t9 V- S+ F _; q- ?(b) an application for the refund, including such evidence in support of the application as may be1 O( s: M1 j3 V( {3 E2 n
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& q$ R" R/ c& \5 r
prescribed information within, s& V1 r1 F+ k- y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 i* P ^2 m, h% _1 G, {) Tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 y' h0 K6 h! u$ @% b7 V(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
t4 d+ `0 b. x6 f Kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* {6 U) P; t6 h5 Y, _
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 n$ u9 v8 l" r; h0 Vthis Act as if it were a re-determination under paragraph 59(1)(a) if
8 m- ~0 H& r4 F% ?% ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; i& ~ G7 k( H1 _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 Q) E3 ~9 p& heligible for preferential tariff treatment under a free trade agreement; or
, d- ^: ^8 x3 h' z. q; ](b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
8 V, I( u% F6 d V* x8 f+ Gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is1 \* x( W+ d8 w- |# s a, x
incorrect.4 K. F1 x' K, g+ H8 ^9 A! Z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, E Q. V) l, ]0 f8 n3 Z9 L% B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- |3 P1 k4 w& s- I1 w7 G5 qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 q$ j; B( R2 A5 Hwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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