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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 E1 l! O( K4 q; E9 f; ^
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.pdf1 r _, L8 F: \! K* m1 X5 D/ x$ ~
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# E- f$ G$ N5 Z) A5 S' h3 ARefund Requests3 }) G% V# @2 ]& D5 {4 k
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 {" o% \+ R/ G( |
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 o7 m# N# C$ K$ h+ S; o
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
! m2 U, f H7 |) U1 M2 E6 w(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. f1 d8 D* `5 _! u
Canada to the time of release;
a, ^2 g2 G5 k2 @(b) the quantity released is less than the quantity in respect of which duties were paid;# W- h4 z: S3 w' s
(c) they are of a quality inferior to that in respect of which duties were paid;
- T& J1 ]6 {+ A! c# e(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
4 \- x n& ?. d9 Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( B M% w0 q- \% p6 ~
case may be, was made in respect of those goods at the time they were accounted for under
/ P6 V( w! Q# e3 K* q: wsubsection 32(1), (3) or (5);
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! x- K0 K# P( k' A2 Q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) u* c9 ]3 K4 D; C: X5 Z6 \preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
: f; A) i$ J" ~# l3 ^- F2 i) g4 aaccounted for under subsection 32(1), (3) or (5);' W& ?! \0 w; _' Y" P5 w+ X
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" y' @0 _1 }: P2 _/ t(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 x9 w# `" z: `4 _5 H% R
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" j& Y* y# I9 w, c
value for duty in respect of the goods and the determination has not been the subject of a decision
2 z& K7 ]/ u* y! z `. i# K& Lunder any of sections 59 to 61;: K0 {/ ~/ e) s7 C# X
(f) [not applicable to non-commercial goods];2 v; d6 t4 l5 w# |5 u1 V R* e, G5 U. G
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ R; b4 ?- h4 I5 @8 {" N
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 A) S, u4 _1 _* A! Q8 C( ?- jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 O7 Z' W" O8 p: p! W: ]$ c$ @, g, H
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) v3 y" Z" y0 P2 |7 D
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ K+ o( \4 }" V
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ j" \3 M; ~; U0 q, y(3) No refund shall be granted under subsection (1) in respect of a claim unless
) K" P3 p1 ?- O4 x(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 t9 d, e$ ?6 K* h
respect of which the claim is made or otherwise verify the reason for the claim; and
$ Y! M) W( p+ T(b) an application for the refund, including such evidence in support of the application as may be
& t0 g6 i, H& L8 O4 lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: b- @8 p1 ~( @2 q- r0 T
prescribed information within
7 u& l/ N: Z8 A3 J m. y* W(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# a8 n- T5 e) W- l6 hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and0 |; `6 T. x2 K6 N+ ~4 a+ n
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 K8 o- s* `! l9 b; u# s
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 N7 h; m6 z) _3 Z(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- i4 l& g8 T' S0 |8 U0 R! ]
this Act as if it were a re-determination under paragraph 59(1)(a) if; F2 V1 a' {4 J* o- L
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' F" r2 s. d% R9 T5 K6 o/ ~& _
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 Y# i" d; w. V1 o9 t- R+ ?: weligible for preferential tariff treatment under a free trade agreement; or9 r) D0 s/ v" K9 d4 p1 y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! t Z! V' l! ]5 [) q
because the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 h$ X) j8 t; f! v+ X/ K6 K3 j' {(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 v! W1 r) r4 c! O2 nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; U4 l! |2 q+ A: v) ~# U; V- rwere 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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