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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 f, C! @+ D. `! Y9 M
上面说 非商业 进口 可以免关税?
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- F8 J3 a# s1 O0 O- T. o1 Chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests) d! s2 Q$ D1 o8 C$ I4 s
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* W" L9 E+ m t! d3 Q
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 _! K- k, ]1 eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
7 U; i2 Q# X3 L9 Q0 V(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; A% H4 Q: W& E5 @
Canada to the time of release;6 b T' n8 m1 Y- c% P$ u
(b) the quantity released is less than the quantity in respect of which duties were paid;
* R7 J7 y6 b, }9 h; S/ ](c) they are of a quality inferior to that in respect of which duties were paid;
1 g2 f+ F* p b7 u9 r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, z5 E# @* W) q" Ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 U4 J+ [) W' k; G9 Q
case may be, was made in respect of those goods at the time they were accounted for under. N! T! s! `0 p- S% ?$ }
subsection 32(1), (3) or (5);4 |7 W$ Z7 f7 p l2 q! P# _
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0 Z1 X: [. O) p* a" g(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ z- B0 x+ o7 d& B! j9 s' o6 mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are: U/ D0 u; [1 c' _( J
accounted for under subsection 32(1), (3) or (5);( X6 s+ [: c0 }! S% l
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( T+ b J4 ?" P4 k. ]* W7 v(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( g: x$ l/ O' Y. I. yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* [6 `' G9 o& j v' Pvalue for duty in respect of the goods and the determination has not been the subject of a decision
! w }4 M1 D2 `; Q0 J. B: s* aunder any of sections 59 to 61;: e4 Y6 G2 W$ U- ~ e2 S- V+ J, z
(f) [not applicable to non-commercial goods];
" b+ S3 Y- L! s* L(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 \) i: _0 P: i- Q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" C" l/ V1 E- L( U. aon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 H( W7 Q( w2 b! x9 ?
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 ^' | R8 @- H- m9 a; w. J8 H(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% r& c1 `; N' }+ i+ n
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 y. j( ~7 g f9 Q% N
(3) No refund shall be granted under subsection (1) in respect of a claim unless' a* M# _( E1 }# t
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. I- N; u* Z! ?! f0 m; H, C; h" k
respect of which the claim is made or otherwise verify the reason for the claim; and& |! Q' m6 m: ^( F# S- B' ^# h) Y
(b) an application for the refund, including such evidence in support of the application as may be
R6 j- o3 |: V4 k7 m; H% R7 R' uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the X& P9 z6 w% U, B6 h6 y) W
prescribed information within' k( w6 ]8 M2 r) a2 B f' C
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# z$ ^, B' j N+ j: G8 Vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 c' F6 }. N' D5 s- J(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& v; T7 {! c: `( Gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.- B: A& e) N% M: S
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- R. f3 \0 X& @: I- ^, o, _
this Act as if it were a re-determination under paragraph 59(1)(a) if
. p* J8 i m B8 \- s. A( o(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) I' u$ G* T" o0 I, `because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 \% w* B' C) X4 A- @eligible for preferential tariff treatment under a free trade agreement; or" w, T( ?5 A( L) [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 I2 u1 r9 a# ?
because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ M- {( G: @3 h2 Q- O% @incorrect.
( V! O. y+ B# g$ h$ i(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ v9 o3 [. A$ K9 c' a(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground K: f) e1 b8 j
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 g* a. j9 x$ d* K) w! iwere a re-determination under this Act of origin, tariff classification or value for duty.
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' _- A8 Y% T# E; R+ |这到底是说可以还是不可以啊? |
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