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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 C c- z( ^ k! t( z) t3 s% o
上面说 非商业 进口 可以免关税?" Y8 L1 k1 m) \; }- Z
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. K# X& M+ j+ \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 J* K* Q8 s+ Z$ z4 m, D/ `! S: e; a' S
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Refund Requests! ^8 @6 e: V I* a' d5 ]$ K& Q4 x
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 g1 Z3 [) V$ L* \- \! R1 i
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' s+ _3 Q( `& d5 Y, @9 b
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 @- m+ | L. Q$ I6 U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 {* d8 u3 O! s1 F
Canada to the time of release;% x6 e% x0 _0 C
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ e0 ^0 C) Y! e* Z(c) they are of a quality inferior to that in respect of which duties were paid;
/ ~- a ]5 a4 ] S(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ A' _* j9 s* \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
9 A4 [( n1 t# h5 Z) E% xcase may be, was made in respect of those goods at the time they were accounted for under
! O A! B$ {2 u8 L z4 osubsection 32(1), (3) or (5);
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4 k+ @5 c2 y8 n' l$ i; }(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& x* t1 |4 J" i' D8 @
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are( g! e$ G* s; @# ?
accounted for under subsection 32(1), (3) or (5);
! n* o/ n: |1 }' U* H(d) the calculation of duties owing was based on a clerical, typographical or similar error;! \ m/ j& `1 T- V( P
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! M* Y$ f3 s% U; w2 H1 {
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. s7 U) g3 p' Y8 vvalue for duty in respect of the goods and the determination has not been the subject of a decision
' I1 s' p0 @# Nunder any of sections 59 to 61;9 A1 D( H; y" {2 t2 R+ W% O
(f) [not applicable to non-commercial goods];3 v0 U5 ` K% y( ]* |5 g& v( _! o
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
: e6 q) Q% o7 L0 _4 P4 q% o$ }(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) F5 M# B* O, d7 D/ son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
* _4 r2 P' m/ B, K/ K* Mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." Y. u6 X; Q; \8 }9 _' o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim' H- M1 y# Y1 g, p Z8 w- P
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' o: r* h# O( y+ [(3) No refund shall be granted under subsection (1) in respect of a claim unless
; b! [! t3 X* N! i7 q3 g& S7 H9 J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* n9 U4 Z, }/ w& s4 W1 D5 srespect of which the claim is made or otherwise verify the reason for the claim; and# o% ^! j" H! m8 {
(b) an application for the refund, including such evidence in support of the application as may be
( [, o1 A2 D7 G" K6 N- j) ?5 Pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- p L5 J6 T* K w: U7 x9 n$ }. Oprescribed information within; B, g! `! X7 N2 [) e
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 W1 i3 g- h( A- q" j R# lor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* }3 W2 i0 `! n ~9 L' e9 b$ ?/ ^(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ L6 R7 N1 p0 D% i& Y, e
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( ~9 S9 F) G' D7 g9 K( b
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- E1 n* ?2 `: x/ ? K( t5 M8 dthis Act as if it were a re-determination under paragraph 59(1)(a) if
z5 F: J. U. U4 G1 ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 }4 u+ p& i0 b% Z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not, c9 H7 f0 p8 x& t
eligible for preferential tariff treatment under a free trade agreement; or
7 L8 S7 W0 f1 K* @; y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 [) t( B" k: l& X8 D2 Xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is% c( H% U U1 ]0 v1 b) u
incorrect.
, q3 Y7 i/ q9 ^% B T! ?% |# v- z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
& z) V) [' p- ?7 o4 g8 w) I. L: T(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground) _3 X7 X; ]. w2 I
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. t3 ?! m0 p7 `( ]% J
were a re-determination under this Act of origin, tariff classification or value for duty./ A3 Q$ t5 B- d( a
; k% D/ ]9 ?4 j+ B6 H1 M这到底是说可以还是不可以啊? |
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