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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' M- d+ V7 @8 S L
上面说 非商业 进口 可以免关税?! B1 Q# z) t h4 z
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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6 A% X4 l( Q; M2 }/ k$ ZRefund Requests1 z; h% U( P# H& t' J4 E/ o3 c ]2 g
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 m( u7 V" p H7 r2 m/ w1 `4 B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 |7 y3 Q# C* z& k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" v, L' y- i4 j- B8 p(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 f7 P# s1 U# T; WCanada to the time of release;8 C7 ~9 L; o: I' `# U3 P
(b) the quantity released is less than the quantity in respect of which duties were paid;* u; s( J* @, g) N& q
(c) they are of a quality inferior to that in respect of which duties were paid;% }3 Z& y# u, m& |, q& R
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& z/ c' W( e) c2 ~: l2 ~, ~# ?% htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* }; |' P- F; S, z
case may be, was made in respect of those goods at the time they were accounted for under3 G7 k; y; z- N. _ ?
subsection 32(1), (3) or (5);
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N/ |4 Y2 ?+ ]& G! ]- y* E(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
& o5 H: q# N. w+ R/ D4 xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' F/ \* R- O& ?* uaccounted for under subsection 32(1), (3) or (5);8 k2 b; |5 J% z. ^ S
(d) the calculation of duties owing was based on a clerical, typographical or similar error;. F/ P# g! s8 T! Y; @4 g
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ ?2 F `" s$ ?: W8 U. ]9 eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 i; F3 Z9 F4 d8 v0 I: d
value for duty in respect of the goods and the determination has not been the subject of a decision" c3 B" U& i+ p: i' }$ R" n
under any of sections 59 to 61;
" N8 @- m8 q6 F" u5 D+ F! T(f) [not applicable to non-commercial goods];! e5 l+ A4 z' Q7 e1 t- T
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 {2 g& q" q+ G5 g(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; H; ~ ^4 y, {. a/ h7 X
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ d3 |/ c6 X$ d
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* p% c/ D# z$ O4 \& N4 w
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! `4 j2 f. X4 `9 G& n+ |: Aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 G G& K3 B+ L: C(3) No refund shall be granted under subsection (1) in respect of a claim unless
; S7 k [' l& N' E9 L, t0 w( d(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 `' T8 S1 m4 P! _: W
respect of which the claim is made or otherwise verify the reason for the claim; and' e6 y+ S9 _3 E1 D* e- Z* U$ f, [
(b) an application for the refund, including such evidence in support of the application as may be
, m9 [* E+ i1 B+ s$ S5 [( e5 Xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
" n v5 A( t! u7 S9 D' S( q8 D& N7 ?prescribed information within
) R. |2 L2 B, C(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
U, G6 O4 v( k i, sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
( i9 I; r" p; u4 O+ O( H0 ?: s(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 J0 X6 K# b# wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 T9 E( D8 w/ g1 n3 H3 H1 R
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, P& x& M; W! E) Z% kthis Act as if it were a re-determination under paragraph 59(1)(a) if* g1 S. e# S( z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
C9 _( t2 a: dbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! o6 s5 ^- t- C8 ~eligible for preferential tariff treatment under a free trade agreement; or
- Z1 [6 L0 G. w+ _3 S(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 x3 T* U1 [! q) i- k* rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
6 {3 H/ K" E0 p# kincorrect.; M& S: \2 H: z+ l$ L4 I
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
& G' B; o5 f- ]* |8 e5 O(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, h+ u' L5 w" L8 L, D) h0 Y# e0 D
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 U% @) \+ P/ Z0 |8 ?
were a re-determination under this Act of origin, tariff classification or value for duty.
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; c- M2 U9 m/ c4 b E5 }3 K这到底是说可以还是不可以啊? |
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