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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* ]+ T& V6 m8 c
上面说 非商业 进口 可以免关税?
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! v' F8 S- _3 W) z; @ h1 mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; s, P; P- F! Y( ~& W
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7 l; g1 V Q: H& J, vRefund Requests
7 _$ P' X1 {) q$ P) |74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: I0 P0 S6 P2 f+ W" v( H# P
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 ^/ c0 z- U2 q; N. i% {3 u: pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if1 c6 A% ^. Q5 j7 B+ B2 J: L& x+ Y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" i2 h% D( F' l9 R& m) W
Canada to the time of release;
/ e7 u6 A. w: h(b) the quantity released is less than the quantity in respect of which duties were paid;
; S4 b$ Z2 d' U2 D) s9 V(c) they are of a quality inferior to that in respect of which duties were paid;
+ {& P9 m0 A. n7 `0 F+ h* O6 b I+ K(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 k' v1 b0 W( }2 b& G( r, s
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, L% m' v- \$ |& b% Q' F& L
case may be, was made in respect of those goods at the time they were accounted for under3 y& b, A" R0 d9 R$ k v I8 t
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 U. \: \+ B1 b# Npreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 o% \, K) O+ F3 x- y5 kaccounted for under subsection 32(1), (3) or (5);8 N% H) T' W0 U1 z( v
(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 T6 J! L$ B8 R3 i7 \. Z' S
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 l" c0 w; q+ fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; R( j% q, m! kvalue for duty in respect of the goods and the determination has not been the subject of a decision E+ F8 t7 a8 F0 s8 X/ H
under any of sections 59 to 61;
& A2 c3 A- x$ F8 r1 a0 C- W" V4 C(f) [not applicable to non-commercial goods];
1 y3 z) w0 S8 o(g) the duties were overpaid or paid in error for any reason that may be prescribed.- X5 c) q1 e9 W: m; ?
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# v# _4 R" z! m6 D3 _& l0 c
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# b) p8 [+ e, Z; }+ A
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).7 P) x6 N% h7 l
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- ?* M" I0 G: T" {# f% f- \ L! ~ F
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 {$ s+ g3 S# C1 r" \: H
(3) No refund shall be granted under subsection (1) in respect of a claim unless
2 J# k4 o% y7 `1 V3 X(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( g- m- w3 n d0 T/ L- crespect of which the claim is made or otherwise verify the reason for the claim; and
2 C. n9 ?4 h& X1 p(b) an application for the refund, including such evidence in support of the application as may be) `( o1 d' F: j) c' R) H* K+ M2 H) C
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
3 R: H/ z2 I4 M, ~8 z+ Fprescribed information within
5 q p& r. {# i1 L6 o(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( c0 Y) U3 v/ I3 n- S
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 x2 X( e, A; m8 `6 {5 U(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% j3 C0 b/ D, M; E* e# S" Uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 h+ R; H* x" {3 T2 r7 L
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" y% U; p/ }6 z2 B( u' f0 }, q3 M, Qthis Act as if it were a re-determination under paragraph 59(1)(a) if
& }3 \% a" m3 e6 v& w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, z E" B# E1 m7 N/ L
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 {6 S$ t4 G% Y1 t) T% `& f# O
eligible for preferential tariff treatment under a free trade agreement; or
0 u0 n( o! {! A/ e$ e T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 M: m: I* \+ I2 g" u
because the origin, tariff classification or value for duty of the goods as claimed in the application is! F& x3 T* N% F6 M2 @( i6 p
incorrect.
" {% I+ E6 i# w0 f, W' d(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" l) A; S% s# c8 Q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
+ |$ ~* W5 U; ^4 T6 k8 ^3 ]/ L0 I1 M4 rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 O3 V" ^% d* W8 [0 K y4 i
were a re-determination under this Act of origin, tariff classification or value for duty.
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3 U& t2 Z% n8 J4 @. q2 j这到底是说可以还是不可以啊? |
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