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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( Z, U; F# G1 {6 N% }+ F& j' {
上面说 非商业 进口 可以免关税?5 l& C( @1 g i/ s) i9 J
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! y+ D0 J4 R5 J- o# C! khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests. ^* t E# r: o4 A+ r
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 a+ I/ f) w; l1 y3 ]paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& _3 S0 _" U4 u+ N) p, r; _of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* Y6 v- I f( L. c) ^% }& ~7 T- e" |(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* I g7 Q9 ~0 ~3 E" ACanada to the time of release;
; |$ e1 i, z# a/ r# ](b) the quantity released is less than the quantity in respect of which duties were paid;
. b1 X" O& m J6 `$ ~(c) they are of a quality inferior to that in respect of which duties were paid;+ j; x! w( f9 b: E9 a. g. s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) `% J. m0 a T! k
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 x; l. F5 N! |% y9 \) o5 s
case may be, was made in respect of those goods at the time they were accounted for under' M/ g* B5 \2 ^ E! y) S
subsection 32(1), (3) or (5);& J5 J; L$ h9 o9 n
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
, o' q* E" X# @+ ?0 fpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& e& r% E* |3 O: paccounted for under subsection 32(1), (3) or (5);
4 X4 j3 W- y& k5 U' X/ Z3 G( y(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. q' _$ I0 W% K(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ F+ s4 I5 ?" C. t% |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 h4 Y: C# o7 l* X, Evalue for duty in respect of the goods and the determination has not been the subject of a decision
3 y4 A I$ k9 x$ ?+ f U. eunder any of sections 59 to 61;
; g S+ `( A! j" b( T' G(f) [not applicable to non-commercial goods];
2 C3 O; \4 u% z% D(g) the duties were overpaid or paid in error for any reason that may be prescribed.# k( |- u+ [4 `% ~& \" }
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* { B% j, W& L6 O5 C$ |
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: H, X8 w( y8 y8 ~this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: V0 I- O: @, o' d+ I( K(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
H1 V$ p }% `0 hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.& I. A" I8 O. F! F
(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 W' k, u5 q- y2 Q: J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ e+ @+ J3 g# wrespect of which the claim is made or otherwise verify the reason for the claim; and
. V/ _7 H8 _2 I: d5 g1 s: Q1 ?(b) an application for the refund, including such evidence in support of the application as may be& F/ g9 o) J! r7 e: ]# e4 L" c
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: K, {4 ?# Z1 ^+ h6 Hprescribed information within
4 w5 W& a8 P8 O. Z" k6 `7 a(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 e8 x( [9 d- L) T. W, J' |or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 |/ Z p" n/ r1 x* `+ j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods K" T7 o5 Y, T5 r
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: y1 _3 v# X, ^1 f' X5 _. ?+ o(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 g; h, s: J+ Z2 B1 Z; f
this Act as if it were a re-determination under paragraph 59(1)(a) if
' e7 `! p% G. |/ D! R$ v(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( K! R% l& B9 `% F# i! mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% g/ i7 Z+ j: w4 M+ h4 S
eligible for preferential tariff treatment under a free trade agreement; or
6 H& Y, f( P) U0 Z; ](b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( p# C, H U/ ~; _& v
because the origin, tariff classification or value for duty of the goods as claimed in the application is( S! l8 @8 h m/ g
incorrect.- C/ c% f/ c( G: D. ]
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ \9 s- w) J I6 z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% p3 m; F) Z# b$ U- G/ Q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 Y$ N9 o/ W! X$ o& e6 T; @3 ywere 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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