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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 b( ~8 p9 {# e5 e7 W6 a
上面说 非商业 进口 可以免关税?1 l( g1 G% q: H* L0 A# ?0 I' ?7 ?9 q" l5 y
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' V% ?; p) e+ q0 f4 f* T
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Refund Requests c' I- C+ k4 `4 E0 |0 D# {% Z
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
+ P2 M0 ]) i! [: Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 P& E" Y) W+ a9 l, }7 A5 P% h- Q' \
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 C' d0 j$ @/ n; T2 a3 n
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, Y2 } ?2 u8 v! N& NCanada to the time of release;9 [1 @8 c% b: x v
(b) the quantity released is less than the quantity in respect of which duties were paid;. t6 c6 Q6 y( F
(c) they are of a quality inferior to that in respect of which duties were paid;: H0 F8 \- f" x- N( k
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 ?- d0 a F# |& e/ h# Ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# L) A" w4 y2 ^3 _5 G2 p `
case may be, was made in respect of those goods at the time they were accounted for under
2 r ~& E) q! ?" J4 R Fsubsection 32(1), (3) or (5);
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. g7 k0 y9 ]$ }(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
, Q) \( S3 a9 l$ Z `' V# \1 g( ?preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' @' G; V7 u+ gaccounted for under subsection 32(1), (3) or (5);
( Y, b! M, t9 S) h0 e. i" P(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 z2 e$ u3 n1 O0 `% `
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, L* A7 Q% v) _3 f4 Q+ p+ [of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 ^7 y% z7 x0 w" d
value for duty in respect of the goods and the determination has not been the subject of a decision# S" w# k' E! Y; _2 K, _
under any of sections 59 to 61;& N. h% d: O) M$ X/ v/ O
(f) [not applicable to non-commercial goods];
. c( N4 t! l) f( r# R5 v% M(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 E2 U* E- w- @% z) s1 \1 k; m
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! ~4 W6 P5 o3 O& J% H' [( w/ g% {3 H
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) b; ~5 M- R) vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
& l) T# L, s2 i" D(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; \% Y( U" m* Y2 `
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
; i7 B1 ~" P8 q(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ E1 n& S) h/ {( I(a) the person making the claim affords an officer reasonable opportunity to examine the goods in S9 g0 r7 G/ e4 C6 D% i2 _, D
respect of which the claim is made or otherwise verify the reason for the claim; and
; Q, D+ i& W# @/ G& U, b(b) an application for the refund, including such evidence in support of the application as may be
5 A6 ~" P' y. X+ M' G% Gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 Q, u$ G& @) ^3 a) D
prescribed information within
# W% ^8 K" S' x; I(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# e( ]% u6 I* H* w9 H* zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) `" a' Y; G" Q/ p(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 P; H! P7 Q0 w2 l3 Q" {were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 i% m( L; A, X: M(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' D- ^2 D7 g1 ^6 a
this Act as if it were a re-determination under paragraph 59(1)(a) if
7 p. H) L/ ]; i9 Y; M) U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, {% K% r+ J5 |2 p
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) y! b/ {; a$ u+ u: U' q
eligible for preferential tariff treatment under a free trade agreement; or
2 v' g4 {( z0 O u. ?; L0 |2 j$ Q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' M/ P1 s; D1 T, e" E) K
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ B& U7 l# K6 K$ I' D+ e. S. b
incorrect.
, P9 H+ D- Y z8 R- i- Q. ~7 Y/ y(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 n H: f N9 p9 {+ ~4 {0 k(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; L/ F& N" c, y2 S/ p% Z* E yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 F! e: W7 w4 S8 dwere a re-determination under this Act of origin, tariff classification or value for duty.+ |( l' g' O5 u4 k }! a
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这到底是说可以还是不可以啊? |
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