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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 B* {" N. d' V' L3 z# j
上面说 非商业 进口 可以免关税?* G. c$ P7 R, ^( n! s6 d$ {. |! y
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6 \* Y- G( k) q$ p$ j' D( Y- _http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 y, ?. g8 [# l5 G
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[" f( K& ^: c+ o7 aRefund Requests& X" ], @! i6 h% f6 m- u
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 K" p1 ]) ^. _% N' v- zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ U9 M; V' X2 c
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 d- G* \& [8 w3 G
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 o! y: f0 W) {+ Q/ L" @, HCanada to the time of release;" A% Z7 A4 \9 M9 G" X& n- B6 d, b) i
(b) the quantity released is less than the quantity in respect of which duties were paid;3 x# O3 z5 D/ {, z" C
(c) they are of a quality inferior to that in respect of which duties were paid;
0 T) T* O* h9 F2 `5 u4 ](c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 `4 A8 E; A0 S. k, D. y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ k) p1 g5 j" }* |
case may be, was made in respect of those goods at the time they were accounted for under5 P$ ?, V3 X/ b" S5 D( d
subsection 32(1), (3) or (5);+ G1 q+ Q' @1 U3 H/ W8 C
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, P0 V- d8 T1 q# R7 O# a& U7 r* e$ A
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are+ E3 Q$ g( e" p4 V# r
accounted for under subsection 32(1), (3) or (5);
- B2 k( R n0 }: Q% n0 ?(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 F0 ?* `' U: |(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% W# u+ {3 C, `of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
$ \9 s$ B. q: ^% D( j+ ~value for duty in respect of the goods and the determination has not been the subject of a decision
( L9 i& L7 V0 c1 ~under any of sections 59 to 61;" d8 ?: T. P+ _, Q8 L" U
(f) [not applicable to non-commercial goods];
8 C! w' D v( o(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 N! c, A' p* x5 `3 K(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 n6 W/ Q. {! m4 K* I& S5 jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 [6 b9 X- p% othis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! x9 D, `3 S" R- |/ T( @
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 e: u4 C' J- d1 n! r6 [
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
q2 P' s3 }6 d, D. a+ w(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 Q7 r/ ]2 f7 w; @# o' Z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
' A; [; N9 j* f1 S% Rrespect of which the claim is made or otherwise verify the reason for the claim; and
Z. T9 ]$ h. ^(b) an application for the refund, including such evidence in support of the application as may be
4 ]1 F0 Z6 X9 s9 Xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- ]3 z4 k1 z& x8 P; l2 Jprescribed information within
$ J2 @+ s- l/ M( l) D6 m. T$ v+ d8 z4 [# }(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), Z3 `. X' D( z' w; s. y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
" Q% L" ^8 Z0 ^8 b(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- @4 R' ?+ q# R( Swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
4 |1 N5 S; Q+ B- d( N9 D6 e3 q. n5 V(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of( r; G) R [% {% X$ r) n
this Act as if it were a re-determination under paragraph 59(1)(a) if0 J6 A$ U4 i4 j1 A8 w- b' m
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ P9 p* P8 w5 s! b; }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 L, @& v2 A# C% @
eligible for preferential tariff treatment under a free trade agreement; or
! [. F/ f) W8 o; A" E( }(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 G6 @+ Q5 L/ f6 B5 P% Z
because the origin, tariff classification or value for duty of the goods as claimed in the application is
, [% V+ E1 @4 a3 @incorrect.
; `- c M0 O" s(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 H+ Q5 K# }) i(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 J/ x; J- M% g, X/ r" g
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" g/ e3 t4 X0 [$ _
were a re-determination under this Act of origin, tariff classification or value for duty.. Y" e# |3 Q: i! i: b
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这到底是说可以还是不可以啊? |
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