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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 L5 i) y5 g: u: O: D/ K7 s
上面说 非商业 进口 可以免关税?; p" l( S: G7 V! O8 t
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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" A2 J) ^, @: zRefund Requests6 X7 F% E1 y+ b9 S/ ^4 s8 f+ F' F: p
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 U; y. u6 k2 m5 spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' K) j: b8 L- o+ @of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) b- C$ X' O, L+ G" c
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 N0 ]. _3 S( o
Canada to the time of release;2 B7 Q9 u0 ]1 ]$ q- V
(b) the quantity released is less than the quantity in respect of which duties were paid;& {0 q9 }& a% E9 G
(c) they are of a quality inferior to that in respect of which duties were paid;
) i' f5 F9 k9 @9 W" A2 y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* |6 l, m4 a E8 @- f! v: ?
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 o% u: {$ @4 l9 p7 [ E2 \2 C- jcase may be, was made in respect of those goods at the time they were accounted for under
* @7 B- e" Z& Jsubsection 32(1), (3) or (5);7 {4 ]; G' I/ l4 _. k' z5 g2 w
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( I- d3 o- {+ O# A, I% h# n% a, k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 R# A- z; ]; |5 @preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, w( J. V% m) T" T! b& U- z/ K
accounted for under subsection 32(1), (3) or (5);
$ c7 @1 M( D5 P1 k2 Q7 K(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ B5 n" `$ L# x7 ]+ L
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( N8 ]9 m3 ]( k6 p& i. ^- f3 B, t
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" b) g4 [& y' m1 {8 ^9 l9 {+ x2 Lvalue for duty in respect of the goods and the determination has not been the subject of a decision. f! ?* h' @& u9 N: W' T! l. w: `4 \
under any of sections 59 to 61;
0 p/ k, H8 n" o: J( H: U(f) [not applicable to non-commercial goods];
2 E( w4 [' g0 ^9 Q4 d0 h9 R( t! A( |(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 ^1 D$ ^* |1 Q: 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 p7 Y* E& C- j: a" H( M, y9 ~on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) N6 J7 m% M( Y9 x
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., Q- z5 }' q9 |/ D' U
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ `, R7 s8 n' x. o& N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.% B2 }3 C" j2 |- ]% Q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ M% p8 C' ]) @* H5 L7 z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 k2 [) }: I0 Y0 m( J9 \% \
respect of which the claim is made or otherwise verify the reason for the claim; and
7 r% j4 ^/ O3 Z(b) an application for the refund, including such evidence in support of the application as may be5 _3 A/ @6 p: k
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# z2 N) S: C d% |& u$ _
prescribed information within0 ]+ h8 K8 H, F. |: {0 D1 S
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' Y# }6 ^6 a7 Y) [7 a
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& I7 {! m4 h& ^0 v! A0 c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 O7 ^( s( ~$ h7 T8 cwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 i; w4 }5 W4 s' R* K/ R4 q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% L) k+ D/ N( @4 r) P, p
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ N, J' g) P! w) L) N(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, m; s" d3 r$ [" j
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 c: ]- E# P; ~- w' f/ J5 {eligible for preferential tariff treatment under a free trade agreement; or
: @/ h# Y0 Y& O* Q+ @(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! z1 v& p I6 N$ z& I( |
because the origin, tariff classification or value for duty of the goods as claimed in the application is
& g/ V- [3 e2 e% I# qincorrect.
. F2 }& q' }6 `4 H) U+ l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, }( m7 K" q5 C, g+ x4 k
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 U; T. H- Q% W7 H8 |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 [* W) O3 q' t* M% l+ S
were a re-determination under this Act of origin, tariff classification or value for duty.
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$ @+ Q, t/ [0 b( K& e& b4 M: G' [( H这到底是说可以还是不可以啊? |
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