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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# J+ |/ Q1 B2 N, S3 e2 a( _0 D
上面说 非商业 进口 可以免关税?7 l8 ~( a) j, l" p' p2 m3 ~% h" `
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6 M, t: F2 b- S, n, p0 ^& fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. P$ D# l+ F; Y
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Refund Requests3 z2 C" P6 _3 v" C" p) |
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) {. ?7 l7 t# @, Y& v# v
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part$ G2 i0 s& ]/ g" [) g
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* E% \, V' \9 c- J' ~(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" ]" j% v& G) Q. N- w1 p/ J" Q8 O
Canada to the time of release;+ s& C+ I" K3 O/ m
(b) the quantity released is less than the quantity in respect of which duties were paid;- X3 n" |, P) D; I- E
(c) they are of a quality inferior to that in respect of which duties were paid;
% m. E3 R( V( J" F(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential1 {* f0 i8 M) Y, b
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. s- `3 J6 _* a4 E( icase may be, was made in respect of those goods at the time they were accounted for under, _: u4 N* |" T$ b( g8 T
subsection 32(1), (3) or (5);: }3 U5 @) F+ z+ U6 \. t
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$ d7 k0 K" w! Y" Q9 c(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ B4 Z/ }. w j& m$ L7 N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! p0 Z6 i% r a1 l4 oaccounted for under subsection 32(1), (3) or (5);& D7 j5 g! C/ E) q/ Q/ E% F
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 N! P% z+ ~5 [# [, w# f" \7 i(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 t4 ?1 J8 p5 h8 z; W* T* w% \of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' x' H2 ^' w) _5 `8 k% j, J
value for duty in respect of the goods and the determination has not been the subject of a decision3 S& z o+ Y# A. L) G) L) U2 k* Y
under any of sections 59 to 61;
: @5 o8 i, F. ^(f) [not applicable to non-commercial goods];/ Q. k4 Z p$ U* Z7 b/ S
(g) the duties were overpaid or paid in error for any reason that may be prescribed. S6 P6 y% h( _1 P( [: f
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ i/ B- K, u4 L5 J: ]0 {/ R4 Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; p& Y: d7 h% |" ?/ |1 ]8 V4 U
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ ?" k$ S! s1 x/ P4 @0 d* t
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; c2 j7 l2 ~7 R2 N8 b1 } xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 `% f. D( P9 `9 f- P$ I* R H* q(3) No refund shall be granted under subsection (1) in respect of a claim unless
. q" _' r# K7 m m& u(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
2 q, Z7 h# o& J$ I. M# Rrespect of which the claim is made or otherwise verify the reason for the claim; and
, k4 _4 J! m( E1 K3 u- h; R5 ~( o(b) an application for the refund, including such evidence in support of the application as may be
2 N h5 X: Y! ?, n, M3 \. aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
Z+ _$ K" u# e% K5 mprescribed information within
! h2 S0 D1 k' T2 \) L(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& N) u9 D4 H6 {$ J
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' r! F' F; v% V* W8 S6 ~(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
[& s ]$ b* a( @2 x) Ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' \4 ?0 m6 L$ g8 S9 D; ]% C& X7 [( g
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 w/ [: K3 C7 s1 Qthis Act as if it were a re-determination under paragraph 59(1)(a) if
0 q" i+ r# q3 C$ I! p5 M2 K(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 f, K( N! a; {" x9 j$ q) v
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! r2 l% n6 ^2 Z" B! teligible for preferential tariff treatment under a free trade agreement; or
: t" v' V/ I( m(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 k: e; z5 c. T# R4 }4 d
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. _( Y4 M! ^2 ^) ^# gincorrect., @, b2 y3 w. ]: e- R" D3 H
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" X7 q. @- Z5 R: L(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ F& h4 `! o! s. h Kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ L/ a: t+ Z/ w& |8 s
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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