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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' _) P8 D" }+ o& t+ P5 N) L
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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7 Y9 t) ?& ?) F1 E% \Refund Requests& U1 ]. R# T1 V$ a- G- v4 E* o
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# z4 U6 N: `- {# Z$ T
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 [. i( D. p- |) a5 c
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, ]& o0 ?# E$ }1 U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ S+ C4 K9 ]- N# t
Canada to the time of release;
* |. J4 D4 n- W- X(b) the quantity released is less than the quantity in respect of which duties were paid;2 W" C6 F& |* {; f& r5 u$ e, |
(c) they are of a quality inferior to that in respect of which duties were paid;
& { i9 ^2 F' Y5 \" y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' W; ~3 a/ _7 B, z$ n( V9 J4 ]tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 W* t; p i j0 `
case may be, was made in respect of those goods at the time they were accounted for under3 H8 k6 J) \# }# f+ Y, [" a+ @8 ?
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 @$ q' Z$ W# `2 V
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are; d7 n; z3 Q: \ N! G1 k
accounted for under subsection 32(1), (3) or (5);
: Z4 M% V* S9 o* X(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# h0 g2 K- k9 z- ~" T; b8 |9 N" y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% M% t, K2 ^+ }( \of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 e! I. {8 L' o: w- i& O; P/ W' Cvalue for duty in respect of the goods and the determination has not been the subject of a decision$ d+ ^9 ?0 C4 g0 n, P
under any of sections 59 to 61;0 i4 N# L5 P& e0 E
(f) [not applicable to non-commercial goods];/ B. }7 L' B; _! }2 |5 L" H/ V: p1 l3 a
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ R- I+ o5 f& H(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' ~7 U2 V# U6 X- xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 M& S& N C$ R) T7 O) Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 V0 h( N8 @# J2 k( S(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 c7 V# V& t4 b9 i" eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( z! L+ ^* B; j. K6 {- i(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 N- ?2 B, a) `$ O5 s( S0 k0 e(a) the person making the claim affords an officer reasonable opportunity to examine the goods in# h. t9 Q! g9 U; F: H1 t$ @
respect of which the claim is made or otherwise verify the reason for the claim; and- r: y* G& j; }% e& {9 r
(b) an application for the refund, including such evidence in support of the application as may be6 x( f% |# U: O
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 ~9 \0 K7 W4 M9 G6 zprescribed information within7 V7 d+ T# W5 U- [# i1 I
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' P1 i2 r+ z/ k* ]6 C: [
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' b1 r8 `4 C2 o* A' ~& z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; Q3 f" C9 e2 Iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 ^8 C! M- Z/ j9 |; Z(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# |% ^1 h4 {1 x2 F5 E8 k5 e% u
this Act as if it were a re-determination under paragraph 59(1)(a) if, |$ g! o+ v! N, [
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ s! a, ?0 E' R- p6 ] E
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ e0 a3 R. ?6 l" w& xeligible for preferential tariff treatment under a free trade agreement; or
" i! A7 g+ f1 Q) f8 k8 g(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( o k0 q% R; bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
9 } F. @, q! q- J4 ~incorrect.
4 a c7 j$ y b7 z) K(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 J0 U6 a- t7 K/ n(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 F9 w5 x7 t. ?3 Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# f7 Q, _; b8 O) ^( S
were a re-determination under this Act of origin, tariff classification or value for duty.4 O! w; n; S* I( q. l9 S6 j
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这到底是说可以还是不可以啊? |
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