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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations b- m" v+ n a2 G! T
上面说 非商业 进口 可以免关税?/ o9 r/ s) @9 ~4 O4 a8 Q7 M
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests& S5 l' S' x6 w7 |$ ]$ E! N
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, N2 o9 Y$ Y/ o$ m$ F# spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
9 U6 C" X) G g& S1 Bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 v+ S$ |6 L3 B6 g4 |; M(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; _# F e7 w, _/ P6 y0 K: k
Canada to the time of release;
# } Y ?. k( P, }6 l1 L(b) the quantity released is less than the quantity in respect of which duties were paid;
4 e0 Z6 Q9 l4 B- J(c) they are of a quality inferior to that in respect of which duties were paid;) i/ V2 I2 d; P
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# k8 i0 r" U! A( e( [+ O. jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 c0 [+ d. R4 D, s& \* G1 K
case may be, was made in respect of those goods at the time they were accounted for under0 ~( z- R6 ]% }* [# _( G
subsection 32(1), (3) or (5);
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3 P8 D3 g) M4 Y( m: O( Y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 Y# A! G& b6 y! r9 E) Cpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are# H3 c4 q0 X3 B' f8 g9 m, Y
accounted for under subsection 32(1), (3) or (5);
8 E( x5 [( U) O, B. z& N(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 |8 ~2 r- \3 H0 n2 ^9 J+ M(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 C6 K4 P/ C9 I a; Q" Q& T- y2 U: o" w
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 E$ c4 s/ M, ~1 ~; |8 F0 u! Evalue for duty in respect of the goods and the determination has not been the subject of a decision' z1 A( V3 M* ^5 d8 V! f3 I _
under any of sections 59 to 61; f1 p3 \9 z7 F8 \$ C0 s
(f) [not applicable to non-commercial goods];
; l7 C' |& z4 b(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 Y8 U; {( x' S* L1 [8 q* m/ X
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 ]2 |# d9 J* ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( b) @9 V. f: G8 Y" m( bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 p- e) e. \7 i0 c0 R9 k1 L# S: Q6 ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 V/ L0 |8 Y! B/ h! a
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
" o; }5 g# q( @. |/ t$ L(3) No refund shall be granted under subsection (1) in respect of a claim unless
: Z9 z3 B7 [, e2 v(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 G& e% y2 M2 A, \: ?) a3 y5 arespect of which the claim is made or otherwise verify the reason for the claim; and
6 _! `. Y2 }9 N/ R( e(b) an application for the refund, including such evidence in support of the application as may be
1 h% u9 {6 B$ m. z+ E/ Yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 t' j. U9 F3 h( k5 r# |prescribed information within
2 }' [9 V: [1 m(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- b. d; G8 U; }! @4 ?8 qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) g# p2 @2 y. O7 Z6 i5 b* |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 a* N5 `, f! e9 K# Q' {! {
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. a+ G9 d4 @' ]0 F( n* w1 a0 b(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 q: A3 l; _8 s& N3 Mthis Act as if it were a re-determination under paragraph 59(1)(a) if
& _% E; t& f3 z- a(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
5 I1 c( H k4 cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( U9 r' k( V, z- c5 b# t% p
eligible for preferential tariff treatment under a free trade agreement; or
9 A! V8 J7 v) S+ A(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied" S: m0 ?. x: d7 `; Y- i
because the origin, tariff classification or value for duty of the goods as claimed in the application is5 `& @& @& W6 u6 m: ]
incorrect.
! T- o7 w. P1 s) P/ b& M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e), Z" F! v1 ?5 T6 P) k3 J5 w6 Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 ]" ? i/ h3 J9 h8 B
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! w. W* b3 }, 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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