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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# h; k+ o/ c7 E9 T. o
上面说 非商业 进口 可以免关税?
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! z6 o+ \7 h' J3 @+ i; jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests: o, U+ V6 }! E' E- s/ P; R8 G
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# x5 X. o4 `" H# [6 A
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 m7 |/ @7 O6 W( z, T& ?% F( Gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 d: ?( [9 Y8 N0 }# v9 E(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- u' X' A- h9 {( v5 ]Canada to the time of release;
4 h4 I( _ b. q6 |- v(b) the quantity released is less than the quantity in respect of which duties were paid;0 V: u9 N/ L3 t+ K
(c) they are of a quality inferior to that in respect of which duties were paid;. x2 q3 Y$ B8 f5 x1 d: Y" _
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, @; o# H. F3 V* E4 w3 ~8 O: Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the `' x- E4 S" }$ G
case may be, was made in respect of those goods at the time they were accounted for under
( w) W. d u3 w4 E# y4 J- }subsection 32(1), (3) or (5);$ O' F3 {& D0 U5 X$ ?9 L
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& Z" d- m. r$ }" |1 w; g(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 y" Y( {5 c8 spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 K$ ]7 r0 @! ^0 Yaccounted for under subsection 32(1), (3) or (5);
; Y d+ d( d. E I(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. g" ~, n( c8 k4 d% |8 H! p% B9 Z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' u! C' q% _" Xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or: a- [% a8 ]% w- M; F2 F Z6 M' z
value for duty in respect of the goods and the determination has not been the subject of a decision6 _% I( ?5 a5 k8 g1 }2 B6 j
under any of sections 59 to 61;) W: A3 |+ |1 d) M
(f) [not applicable to non-commercial goods];
" G5 `. m6 d8 j(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 D6 D; s% E# j; M(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based8 j" V0 P7 N8 J* N
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" H F- u$ q& [5 o8 [, nthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 w2 K" Z6 C2 @) ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 ]' N4 h: |! e/ _# o7 gunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* t) H. d& L7 S/ ` [' N2 \(3) No refund shall be granted under subsection (1) in respect of a claim unless4 C$ y4 T0 p. |! q) H" W* F0 y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ i. w0 P* e* }' y% S, i3 z& G7 S
respect of which the claim is made or otherwise verify the reason for the claim; and2 Q- R5 y b8 C' u
(b) an application for the refund, including such evidence in support of the application as may be0 F6 v9 u T7 X e0 N4 b6 `! }
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ q& P0 u) B. B
prescribed information within
, [7 N- Y7 q7 o$ C5 w- ]1 G(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( q' B2 m7 H0 j* R% O, v4 Yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, O: ~& \" W5 @ N; ~7 z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 a% p7 ~4 |! w( \: Jwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. c5 m8 O( ~3 w(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. v' H& d* v$ D* |
this Act as if it were a re-determination under paragraph 59(1)(a) if8 V+ W2 h: p9 J6 \, |+ w
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! Y0 t5 l' h2 Y$ G0 v1 Kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 L$ P% \' h) U0 F' r. u
eligible for preferential tariff treatment under a free trade agreement; or$ {# \8 I$ ?: q: ?: D
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
8 f& d( F' T3 I0 B& [7 qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
! _, d B8 a3 dincorrect.+ D5 f) F. h" z8 P: b
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" J$ n, z' U, [ ~$ R8 A(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, V0 j( b3 v7 }
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ y, v1 d$ H8 v, g
were a re-determination under this Act of origin, tariff classification or value for duty.1 c) K% L/ f$ r7 M8 [+ V% t) a
& q( ^/ F [' j3 q6 p这到底是说可以还是不可以啊? |
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