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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. s3 }# J7 q7 |7 S
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.pdf/ K% {* {) k5 J" D6 B6 q# \
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' @0 o. ~- o2 ~" U/ r+ l) M) URefund Requests
8 b, Q" z' B# V8 ]1 J/ ^, I2 V* f74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* [& p; n# |$ d3 \1 S; }2 jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part q$ ^# J; K4 v; e: B
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if: w" `# s9 O7 m9 _6 \/ B: F
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# A2 p- w6 t5 W0 F! b# k/ {/ R. M
Canada to the time of release;" o$ H0 f8 X; `% Z
(b) the quantity released is less than the quantity in respect of which duties were paid;: d: i9 ~% s' M' x0 C
(c) they are of a quality inferior to that in respect of which duties were paid;
! m8 c( ~7 Z4 N. L, E v(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( ?$ S6 [) u" y' V/ V+ ~
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" U, k7 ?6 e/ ]' d& T9 |case may be, was made in respect of those goods at the time they were accounted for under! `0 p0 x: q7 \, a
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for$ P* d& i) c+ g( c$ H8 ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 k& M/ @# L" u- saccounted for under subsection 32(1), (3) or (5);
+ g$ D0 a+ q$ q9 b0 t(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 d- P# C: j! Z) b% }/ M% A2 j(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) D2 b& ~- Y- p, ]1 k1 L/ W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. q8 O/ {( B6 U- Y1 b6 F6 K
value for duty in respect of the goods and the determination has not been the subject of a decision1 M2 o5 w+ P' w" S
under any of sections 59 to 61;; H: t; q% m% v$ g( P5 A. I6 S
(f) [not applicable to non-commercial goods];
( ^& t3 ]7 q/ u) ^(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 v9 A; P% X9 L4 H% B
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 G5 |( N) G: j; N0 c3 \
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( r: J5 h9 Q3 K% ?9 a! } K8 q* u zthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ Z' E8 S. X; |8 L+ K, ^7 N
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' j7 }5 c* E! g7 b. w) s+ A9 V& f8 Vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: H5 E/ ]% b- W: A4 i( v(3) No refund shall be granted under subsection (1) in respect of a claim unless n4 ^- V& _. J; k- Z3 t1 _
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* j$ n9 I+ R8 ]: d# u
respect of which the claim is made or otherwise verify the reason for the claim; and
6 X* T; E: j2 N( f& t(b) an application for the refund, including such evidence in support of the application as may be
9 V" Z" p. j( G1 jprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the/ Z1 Y; d2 E( ^& r1 |
prescribed information within
' v& D3 l/ I! y" ^(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 D$ m- [5 e0 _7 T7 Z5 J- w
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 Z- c0 ~ ?' d, y# ` d9 U(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- w5 F" H: \+ P1 C9 @* Vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" n/ O6 l) m! O# j2 O( y9 o1 s(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 r9 e" j# |$ h- P! r! I! q& V, i0 K4 k7 Ythis Act as if it were a re-determination under paragraph 59(1)(a) if8 O8 o, z3 i7 G- U% F d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 e `% g. o: W$ E# _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! P. @( D' g/ A
eligible for preferential tariff treatment under a free trade agreement; or
4 Q# [! b+ ^' b7 y' }; ?(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" t" U; @# @+ q% }$ A# q Vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
. h' f! z8 d% C0 x3 C) @$ Cincorrect.7 B7 i) e# c ?4 N) ]* U9 G7 F
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! ^, E, F) [: @ L
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 S- o3 X4 T4 [9 c% c. o
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 J. X6 L Z) b0 y/ M, O
were a re-determination under this Act of origin, tariff classification or value for duty.6 L* Q, ?5 Y/ H: g, O
4 M; L2 g6 w7 }8 `5 u" D% f这到底是说可以还是不可以啊? |
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