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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 E# @, Q9 J6 E7 J5 K
上面说 非商业 进口 可以免关税?7 V' E5 f* i U/ Z1 e7 B5 ]
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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9 ?* _" m9 R* I' @6 }( X! fRefund Requests. }8 A) a. C, i
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% ^5 f1 ]2 Z3 f0 X8 Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 k. I; A' o( P, f
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if. n4 Z8 x0 F q) A: m) g$ @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 v. T0 N: i9 aCanada to the time of release;
- f' Z1 ]! D. `+ g(b) the quantity released is less than the quantity in respect of which duties were paid;, a k8 V& U: k6 Y
(c) they are of a quality inferior to that in respect of which duties were paid;! V. f$ H/ z4 G3 J7 n
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% V7 f0 Y. }8 U- d) i7 U; M
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 q+ V* j! L# r* A/ g# B
case may be, was made in respect of those goods at the time they were accounted for under
% h7 v) O/ m m% ?: ~subsection 32(1), (3) or (5);1 d% `( [( ^8 J% F0 G2 u& v
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 S; r( }2 o w: J: N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are2 B6 P, q5 T9 ?" \$ C3 f8 l
accounted for under subsection 32(1), (3) or (5);
; n0 x7 D& ]( R: @. N2 W% x(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 S% U; ^# u6 }/ ~
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)# D9 }6 k9 n F" z" `4 i% S
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
e1 o: \5 f: ?5 r0 Uvalue for duty in respect of the goods and the determination has not been the subject of a decision Z; p* Z/ W' S, q+ P
under any of sections 59 to 61;2 D+ e$ `$ v9 e; |8 o- r+ z/ |
(f) [not applicable to non-commercial goods];" g) p) c ^1 ? H/ F+ J
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; A% l: ]. U& d' |(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! J: v+ N+ G4 con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& c0 t9 W1 t) o( O2 ^5 J% I u
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 N8 W% P. P; { Z; x9 n(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 @3 r) S; |& n& _
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.' C, m, a1 i2 t: V" J$ r
(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 l# `5 A7 D0 y9 \(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ y- S3 ]% q0 ~! p$ f0 Frespect of which the claim is made or otherwise verify the reason for the claim; and
6 c3 ~% O) J7 y) {(b) an application for the refund, including such evidence in support of the application as may be9 O; v, F7 \2 L5 d3 _* F
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
0 o1 c5 e/ \ g$ ~prescribed information within9 V' O, a! ~) j1 }% e
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ F2 v& f/ [2 T" ~$ Sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- h5 ^8 u% \. H5 N$ k: A9 w(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods% _3 S$ @( A' E6 z1 ], B! f" }( `
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: h' }# C6 n; u* @4 i @
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 G& `& L$ }& p4 f0 n# Wthis Act as if it were a re-determination under paragraph 59(1)(a) if2 _" O, F/ D! G$ h6 Q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 N2 d# F2 L! O: h/ hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. j' S' e+ U) U4 veligible for preferential tariff treatment under a free trade agreement; or2 w+ S. y: _- K) Z3 P
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied6 L/ z2 q- u. ]/ v c7 l
because the origin, tariff classification or value for duty of the goods as claimed in the application is
3 m" X, P7 {1 q9 @# I0 r) Iincorrect.* D/ _0 c. I+ e
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 W$ w+ k: V C" a6 c
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 z& F( V6 J0 R4 @
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* [8 k) W* T! Y' i; W2 a
were a re-determination under this Act of origin, tariff classification or value for duty.2 p6 l5 D$ W3 g2 l" s. D
' N; f* T m. q' r这到底是说可以还是不可以啊? |
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