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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
2 L" A8 ]) _$ \上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" l/ f$ O/ ]. k2 A0 C1 q
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! ~! @' ~4 A; l9 h6 l7 KRefund Requests0 X5 U$ c( t# }9 n
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( c$ d9 p- t1 M: j" d8 R2 Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- {1 K# h' h/ m1 z: f
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 O8 x0 T7 C( }8 t+ m C- {
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) Y1 h1 [" w$ Z' wCanada to the time of release;
5 D5 F) `# c/ Z, L+ G# I(b) the quantity released is less than the quantity in respect of which duties were paid;$ {" w7 X' R2 m7 B( U
(c) they are of a quality inferior to that in respect of which duties were paid;
9 s9 Y/ I, F* C(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 ~. Y7 l' B+ k6 Vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ \% Y I; i' W" N6 R& g9 R
case may be, was made in respect of those goods at the time they were accounted for under
) R7 W8 z! G. f; n9 t" msubsection 32(1), (3) or (5);, O8 a# V% A' S3 }2 f2 c. B, ^
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* q2 p Y8 l. e; x& u( J+ x(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: A6 f1 ]! y+ T9 f0 f* n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 C6 \/ @7 G" h$ P8 w) ^' Zaccounted for under subsection 32(1), (3) or (5);' j& V1 W% m* m+ G! r7 E
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 ]4 l$ X, c- a9 _5 o( P) l1 ]4 u(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 I( o1 k+ ^' F% Tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 O" N# `8 u( D( a" U3 evalue for duty in respect of the goods and the determination has not been the subject of a decision6 T9 l e# n q
under any of sections 59 to 61;! s- ]4 r! _5 q5 Q# z/ Y3 i/ _1 ^
(f) [not applicable to non-commercial goods];
. d" M4 o8 G: J' M' Q(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 R \) J% y. J+ I
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. d% L& I) R) don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 r* _1 a- Z: d) t$ I$ ?this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 j# d, G/ v0 `" | C. m; @(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim9 I5 X6 {, @/ V% k$ h$ ~
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.. w0 j V v' W3 G) @. l7 v _- h
(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 W/ q& l( D1 K. a(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 Q) o+ a# g. U" ?
respect of which the claim is made or otherwise verify the reason for the claim; and+ W3 ]* c! ~ y
(b) an application for the refund, including such evidence in support of the application as may be% Z$ d" Z- J; [; I& ?9 ]
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
8 ? I, z7 d0 y6 Nprescribed information within
: E; O5 x2 k- L R, b/ V(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 B" C1 B8 C# k+ d: c3 ^; V* Qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
[7 S9 s4 ?+ m/ Y& }* M9 T(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 V4 ^7 [3 Q% y3 z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* w7 J# f. \. y+ {(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' t% G5 H9 `' J) S* ^
this Act as if it were a re-determination under paragraph 59(1)(a) if6 }- J8 s' c5 {+ n: A
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ n! u* I7 y( {) |4 @& f
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: f9 g j; W% ?1 X0 F
eligible for preferential tariff treatment under a free trade agreement; or
7 Y" K# y* W$ J! U/ D0 @9 `(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 d+ H( a# I3 U) Bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
: B- V& s5 H9 r6 Wincorrect.
w/ k5 {8 Q! ]" i9 m(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% g+ m, V' F/ G3 ^, C$ y) K* l
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 z, ?9 H: @ R$ s" U
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ ^3 ?$ ?5 O. S/ Z
were a re-determination under this Act of origin, tariff classification or value for duty./ A! m {4 x" K5 [, H K
8 t7 _ \5 j1 ~& n0 x这到底是说可以还是不可以啊? |
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