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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; ~, r! Q) ~' \/ C9 k8 H
上面说 非商业 进口 可以免关税?: p! J' _+ b' _2 }4 w; r( \
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9 Q2 j) O/ G1 l5 W+ Fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( x6 t- Y' B; [: p1 }0 R( K" `6 b+ m
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4 i1 C2 H; B. f) F4 nRefund Requests9 p, @* W/ v1 D
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! P$ g% K" k. o, M/ hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ @ k" l# _! C0 `- b& k- o* n4 Rof those duties, and the Minister may grant to that person a refund of all or part of those duties, if% C5 S+ N3 e. w- a
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 `. ?* ^: b n7 P' bCanada to the time of release;6 ]' l) U; J/ ]3 {
(b) the quantity released is less than the quantity in respect of which duties were paid;; ~; X0 w# w( I7 n4 ]
(c) they are of a quality inferior to that in respect of which duties were paid;
+ I, Y" [/ t T$ l r: I4 `(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 o" k) R, m) u0 otariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" w& A( W3 Y( Fcase may be, was made in respect of those goods at the time they were accounted for under4 M5 B5 e3 c0 E
subsection 32(1), (3) or (5);+ n: J1 B m0 [5 N/ l+ t3 K' E
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0 f$ @2 Z1 j$ X# h1 }(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
5 j- `6 D6 [9 j, }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 l v; p& `1 B- H$ @$ Kaccounted for under subsection 32(1), (3) or (5);1 z# N5 p4 ]7 K9 `" q4 ]- W- v
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% F( R# z% t9 f: u! X(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 w: d1 w* [5 C6 l0 h; Q9 |% H8 {
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 m8 V& Q% |: y F, \8 z
value for duty in respect of the goods and the determination has not been the subject of a decision( x1 v% n7 \0 k3 l
under any of sections 59 to 61;
, O i' t# U' B) X2 E5 h! [(f) [not applicable to non-commercial goods];4 K- H# |9 G( A2 |8 e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.& T9 `2 `" f! Z: |% U4 z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 n D0 w# s8 q# Y6 v/ e9 T) h
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, l8 p0 L5 C- F) N s! @* J1 Bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; s ^* D# l. ~3 o2 W. D" L(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) b/ |; i. g1 ^$ x! X% _unless written notice of the claim and the reason for it is given to an officer within the prescribed time., p# B& v3 {* Q4 @) a6 \
(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 w- _! A4 c1 D8 f, o/ i9 Q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" O* t3 ]% j* [: ?8 p
respect of which the claim is made or otherwise verify the reason for the claim; and
\1 b% Y& J6 T3 u0 S(b) an application for the refund, including such evidence in support of the application as may be0 {" C+ g5 Y3 R/ H7 V1 X: @6 t
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, L a0 S* E/ R; D' f$ Kprescribed information within
" V- d; ]* U& d1 q. l(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 O, R- t; e9 @9 v7 E& l2 `
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: H3 N$ E, F6 r8 m3 D1 R- x
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 C8 f5 i( v% `& a
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 ?8 \, x# \4 v(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" g+ @% m8 f+ b8 p5 ?/ fthis Act as if it were a re-determination under paragraph 59(1)(a) if
" G3 Y! |' _" I$ n8 H) S(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; x1 U2 f9 Y7 U* L: }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* N) H( x6 `- C; W3 c
eligible for preferential tariff treatment under a free trade agreement; or" W3 d6 F8 U/ d8 N2 J6 ?& }4 O
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' H$ [+ D$ P1 r( |: |because the origin, tariff classification or value for duty of the goods as claimed in the application is
1 E% ~; h/ z# V6 N/ wincorrect.
. [; m% ]8 F" b% w(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 \; J1 r2 _: v. S3 Q3 K
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' b6 R; B! a# A" ?1 y+ l! N+ tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 n2 Z |+ H: f) Uwere a re-determination under this Act of origin, tariff classification or value for duty.- W8 z5 D6 N. j) x+ A5 V, V
?" a- z: M4 s+ S. t2 b$ {, v0 A这到底是说可以还是不可以啊? |
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