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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" l+ U2 E; a4 G2 D% P
上面说 非商业 进口 可以免关税?+ e. x( d( l" T: d) Y4 T- q& N
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- k! r$ T# ]. [http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
" b4 T) a% X: ^; ~8 j1 m$ U, R74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 b" S5 M/ f. C% W _" _8 f' Ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part% f2 `, _' W( z# _9 v5 S4 x( |
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if1 h& i- V% @ {% N3 N# R7 {
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( R' [" B9 n7 {
Canada to the time of release;
- t9 c' X, s& g$ H(b) the quantity released is less than the quantity in respect of which duties were paid;! }" K0 H: |+ ^! @
(c) they are of a quality inferior to that in respect of which duties were paid;* A$ `1 Q2 L3 D4 d6 _7 z% z7 l
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 Z# \3 n4 {/ X* I
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) i0 ^4 F) r4 V" Y
case may be, was made in respect of those goods at the time they were accounted for under
& x/ [. d( v. v; v; esubsection 32(1), (3) or (5);
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. g5 ]3 {# q5 o z3 ^! X(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
/ T: C2 c0 p3 Z- zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& ] |" A& q. N! c$ j/ zaccounted for under subsection 32(1), (3) or (5);
' o4 o. T0 n+ V' H/ l% J; j+ Q$ H(d) the calculation of duties owing was based on a clerical, typographical or similar error;' c* N6 J* X% b, M3 x& R, }
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" v8 r2 I4 ^& \$ U
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
1 t5 r; @2 n& n/ v) lvalue for duty in respect of the goods and the determination has not been the subject of a decision
" X# T% G' b0 z/ Junder any of sections 59 to 61;
1 j: s+ e$ |6 `(f) [not applicable to non-commercial goods];; q9 U) }! ^0 L& D: c6 u) _# p
(g) the duties were overpaid or paid in error for any reason that may be prescribed.% g! w1 e4 V/ a. d8 P1 D
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; o" r% `9 x* u/ L- Mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; E3 b" [+ M! D7 c& `6 Uthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) A) P3 F$ a5 i! k' p& X: O& b
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
?. R1 f# h( a8 A- Munless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 V$ r0 B! a9 y3 I6 ~: n(3) No refund shall be granted under subsection (1) in respect of a claim unless8 k/ l' G' e5 n% V+ s& f$ ]9 f
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 }* T) `* y, Urespect of which the claim is made or otherwise verify the reason for the claim; and
1 D, I k5 z! Q(b) an application for the refund, including such evidence in support of the application as may be$ q; j% ~) v' R# U
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 b% Y( g! N8 {2 e% K
prescribed information within
* z! h: f) i& T& e( r$ E: y(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): R: n. W( f, P6 t6 Y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- y$ E* H8 z0 A! W(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 B* T3 e0 o, c" J1 K
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ L' Z1 Q% n& i3 u(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# u0 J7 |& M% O$ \# H: b! ~
this Act as if it were a re-determination under paragraph 59(1)(a) if
7 O3 f( B! P6 z9 L+ z& `* N W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# K2 `* z1 G5 p0 a K9 P2 I2 T! ^because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 n' n: M8 y; o, G
eligible for preferential tariff treatment under a free trade agreement; or6 z* d& G4 \( a
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 `3 [3 C0 C R) Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 l3 B5 W5 g: n7 s4 O. ^incorrect.
# d0 Y- n% ?7 b8 m8 k' j( U% a0 {(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 u; x. n: W0 O) l(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% w9 o. A8 O6 R! I6 b2 q- d
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! D" b) d; R' K- a( a
were 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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