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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 l) _$ n) ]/ d! A
上面说 非商业 进口 可以免关税?
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) M& y, t' h" U5 D: Q) \8 R4 Y& y6 \% @0 K8 |% M3 M
2 ]7 l& }& n4 l; z9 Phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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/ q: f2 z* F+ N0 lRefund Requests5 ^3 S- [: X- P$ W" ]) f1 H
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who- M/ u. `# f4 |7 M; W6 D2 H
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; f. X* r/ [7 y6 ?4 g3 f% M
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( t! J9 s& D F, E' T3 Y1 W
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* c4 u$ v h; l7 U3 w- j& SCanada to the time of release;& N) c; H/ ~2 g! k* B* e6 B1 p
(b) the quantity released is less than the quantity in respect of which duties were paid;
, V; |1 G* |4 u5 m) w(c) they are of a quality inferior to that in respect of which duties were paid;% {9 N% y/ k6 }# L3 z3 j; G/ a
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& }% v* U( V3 e2 ?6 Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 i6 T! n4 T* g( K3 x! k0 R
case may be, was made in respect of those goods at the time they were accounted for under, X% Y0 j, Q* ?5 y, j7 x2 e$ I
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 for
3 ~: e) R* `! Z: upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, a. x5 n2 e2 L/ S( D+ waccounted for under subsection 32(1), (3) or (5);
3 [: g# g* G/ p+ X, I+ K, ~. M(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 R& l" @4 ? [, _( p3 M) m(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 h) t' }! p. {
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; i4 r( w0 q6 d% p, s
value for duty in respect of the goods and the determination has not been the subject of a decision
4 I9 x# e2 _+ S' h. c5 Lunder any of sections 59 to 61;; P- r& H$ I( V! P9 {4 C& ?
(f) [not applicable to non-commercial goods];6 G. [) ]3 r/ T5 f% @3 |" f
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! o# N8 x$ F' j(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; j5 J* x7 B; V1 ]; K" `
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 S) m( J- F+ u5 d! mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& _8 e, ]/ a' q7 _0 F' U
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 {* a9 o3 X1 o* f$ W
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 A# m8 @" ~$ ?1 i5 Y(3) No refund shall be granted under subsection (1) in respect of a claim unless! u8 T: U6 h7 e4 ]
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) K: J0 X- n) ^ [# X0 Vrespect of which the claim is made or otherwise verify the reason for the claim; and. I6 c- s, a u
(b) an application for the refund, including such evidence in support of the application as may be
% d( |) B% e; f" M1 Mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 M( R% A1 T) B/ m! \2 q* Uprescribed information within8 _: `4 J |, f: q+ ?3 K# t
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% |5 n) e; @2 ^( [/ _or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 e& V0 t0 h. _/ g- e5 W(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( x' V; k7 J3 Y d% b% B7 E
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: `5 v9 w" L* e+ h8 V* {3 _/ j8 ?
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 Z- F& g% b. R3 ~& Rthis Act as if it were a re-determination under paragraph 59(1)(a) if
# ~ C* o, m. c( w8 X* C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' ~" `9 b. J' N. v! d3 B' q2 s) o
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* U% A U6 [% }; b K" \. \
eligible for preferential tariff treatment under a free trade agreement; or5 K1 L" o$ t! S
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. [4 Z% d9 v# E) R
because the origin, tariff classification or value for duty of the goods as claimed in the application is
* ]9 M& M7 _4 ^incorrect.
& n5 h O) [2 X(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),( C/ x: S( m& P' V' b' T
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, } C8 D6 ?6 s; D& G3 Y
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- B5 H) Q! K" c2 r5 E3 b9 wwere a re-determination under this Act of origin, tariff classification or value for duty.
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; [# L/ w% G+ R$ m- v4 r这到底是说可以还是不可以啊? |
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