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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% B( X3 _: [+ a# A
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* B5 [' J: h! g# a5 r
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9 t% {' d5 \/ g5 nRefund Requests d; }& e6 h/ K0 ?1 K# p; [3 p
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 ]5 V# B' w4 @/ p7 M9 a7 Upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 l! L) O& |0 Z; R6 k! a5 h
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ K$ ]! d4 X; e: ~+ @3 b" Y7 f2 ]
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to6 t' t @6 n! h/ T
Canada to the time of release;
$ A" B4 O$ X, h/ n, ~" _(b) the quantity released is less than the quantity in respect of which duties were paid;
& ^7 x9 r0 z9 l8 h1 U" t(c) they are of a quality inferior to that in respect of which duties were paid;
3 l# ?% `3 m: ^" _1 i(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 N( U4 a% z; {' n6 a$ {tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& z( J$ ~2 R0 x( Q% I0 x8 }& o
case may be, was made in respect of those goods at the time they were accounted for under
+ j3 }. n# J, o, s1 W. K0 D6 \subsection 32(1), (3) or (5);/ A6 X$ R9 \( ^6 V6 n6 C
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 F4 l+ X" I4 l; C
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, I* t5 X1 H* x8 `accounted for under subsection 32(1), (3) or (5);4 w5 [: I( X! a% ?5 \1 O/ n' L' y
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 L" @. |$ e+ [7 j9 k, c5 b0 O
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ Y: G S( k3 [, }9 R( F- K
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 \+ x2 I* M! z0 Dvalue for duty in respect of the goods and the determination has not been the subject of a decision
9 U& s0 U) f- w; t/ q8 Z2 U7 ^under any of sections 59 to 61;
9 Z ^: e1 F5 X% x$ c3 H(f) [not applicable to non-commercial goods];, b$ f7 _: |7 b; y4 W" F5 v3 r( {
(g) the duties were overpaid or paid in error for any reason that may be prescribed.% p9 |3 E, I% y% s
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 a: b9 B/ Q/ q8 ?9 O; R9 \3 zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 F7 ^8 {) B( X7 U6 g( Lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; d- i/ ?# @$ ~# H
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; u. J- `1 m% n
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.. j- l" T& m6 G: D3 }8 W
(3) No refund shall be granted under subsection (1) in respect of a claim unless& m4 j4 z2 w7 w8 a( ]1 Q
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 V! E0 J: `' u" Z
respect of which the claim is made or otherwise verify the reason for the claim; and4 q# ~( t. q( a% @. K6 N
(b) an application for the refund, including such evidence in support of the application as may be% ~' |% b1 {4 s# n9 `2 o% k# C) f7 ?
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: J; s' I1 \0 c' q7 pprescribed information within3 m* A }- o/ _* y. p& d1 Q Q
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 B, x- c3 F! Y6 Ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& f. Q4 D) s6 N G(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# @, _; K. J7 M6 y. U8 @) P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 V0 b3 ]+ S2 g# w
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" D, C* b7 q4 L/ v, Kthis Act as if it were a re-determination under paragraph 59(1)(a) if8 o0 q$ {: b, ?" s+ ^
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 c6 F' f Y8 }" K+ K0 \because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 f1 U) j( P. Z* E7 c
eligible for preferential tariff treatment under a free trade agreement; or) U0 M% F4 T V2 l1 O A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' S/ X& v* Z8 R. Z+ ^: `
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. \, _* u! C. ^6 \4 aincorrect.
, j( v5 V- m. v c- |; O(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 O3 z3 }# h9 Y" m( A(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- T3 i/ Z- m) d/ e
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 Y# T1 `8 G- k$ R; }9 n! owere a re-determination under this Act of origin, tariff classification or value for duty.2 M! M/ @; q' x' P
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这到底是说可以还是不可以啊? |
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