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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations, ]. R# t! M, Q4 w% J8 @
上面说 非商业 进口 可以免关税?
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4 k3 h8 R+ A: C0 [6 E: R# C& `http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 y5 p# I; s- X) C/ n
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& _+ `* |2 k3 ~0 ]Refund Requests" o. ^! B! G& M3 y0 Y/ j' `+ N2 l( u
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# n5 K% o; z1 {. [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 Y4 O6 k( Q4 G, b/ p U6 f4 S
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if! d5 i4 K: [- o2 M
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ }+ i9 w1 M) y, Z# P& R
Canada to the time of release;6 W# n+ g, j5 _7 O& ^: e0 x* }
(b) the quantity released is less than the quantity in respect of which duties were paid;
. D) ? D' E* O4 Y$ P+ Q# o(c) they are of a quality inferior to that in respect of which duties were paid;* W/ E& n) T! K }
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- @2 ?3 w3 m/ t# Vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; Y+ C3 c+ Y" W" I8 I) {case may be, was made in respect of those goods at the time they were accounted for under
3 e0 i: K; G7 A7 H* i# X- ksubsection 32(1), (3) or (5);8 i* g7 J2 T+ O. r. i/ }7 D& Q
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 R6 i8 ^: T0 t bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# L/ \8 ~& X% Z& c: Daccounted for under subsection 32(1), (3) or (5);, g) L; [; q. o1 J# x+ j2 o# N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 O/ c5 f+ B) _& T0 J' s
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 L1 d# y d1 E# i0 p; b
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( N+ c; c- l/ C
value for duty in respect of the goods and the determination has not been the subject of a decision( j) b9 R9 c" \2 h
under any of sections 59 to 61;2 N+ B% [( m/ M% W( o& ~3 o
(f) [not applicable to non-commercial goods];
0 p. r7 {# }; G5 G. L. D(g) the duties were overpaid or paid in error for any reason that may be prescribed., {- D2 W8 F. w( W0 P ~
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 t# \5 q0 {9 ?5 ?$ z7 e6 X
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; J) @! b4 y* ?. J1 R! a4 rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; _2 ?1 d! P9 C/ A: s(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 X: w. o4 c( {
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
K- j& f6 Y9 ]: z( }! n, R. g(3) No refund shall be granted under subsection (1) in respect of a claim unless, G" R$ t( S. V5 Y7 u! X T" c; t
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) `% d+ k/ `$ q9 [) Y2 O
respect of which the claim is made or otherwise verify the reason for the claim; and0 {& V2 X8 {) H
(b) an application for the refund, including such evidence in support of the application as may be
A n) G0 F$ }, n) D8 c" ~2 R- Nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 R' v. K3 i! v( Y- sprescribed information within2 A5 `/ f6 ~$ R' n, o/ [! |+ x* ~
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( k9 F. e7 b; A* W) Y6 nor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: I! [8 H1 n" u# {0 P' i
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; J, B+ U. ^ q5 J+ [ |
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed." H, E3 J5 C0 h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% x$ O2 B- _# T- dthis Act as if it were a re-determination under paragraph 59(1)(a) if. r0 q. [! T9 h2 m0 O5 b
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- C) Y! e) T0 V3 s1 l7 {' i/ [because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ V7 o( S0 T& ^" Z$ c6 ^
eligible for preferential tariff treatment under a free trade agreement; or
$ n9 P7 A# w2 \' f' J: a$ y6 y) q( z% x1 l& O(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. B& O2 ]2 A% r6 i/ Q
because the origin, tariff classification or value for duty of the goods as claimed in the application is+ X& ^% _4 m7 Y" ?
incorrect./ O) |) L$ a& k& V: W4 Y
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 _$ e, f3 H" f4 O/ h8 x+ E
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 o1 @3 A& k5 {9 E' w r9 gother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 }2 Y) [1 Q4 ^: \* n+ N. |
were a re-determination under this Act of origin, tariff classification or value for duty.
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! O! Y4 F) P( m3 F( m4 ^1 i8 y这到底是说可以还是不可以啊? |
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