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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations, c8 p( Q! P$ P+ W @& c
上面说 非商业 进口 可以免关税?9 q7 G7 ~/ P, }: b+ v9 a
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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9 J* w9 F' J7 f8 v+ KRefund Requests
+ W" z3 t U, P. f5 _! i' u8 ]74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
u5 B3 t% g. c0 [- ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* a- T: \1 W$ f( n
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 }( T8 y" ?5 m- i& Z/ E! w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; e1 |# X7 a+ M I# N
Canada to the time of release;/ o \3 `1 L: x1 G4 [1 d* E( a
(b) the quantity released is less than the quantity in respect of which duties were paid;
& A- g% t9 _" h8 x" q1 [; J(c) they are of a quality inferior to that in respect of which duties were paid;0 X m; K7 ~1 D R x: N% t
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) m+ a( |7 r1 [3 d- Otariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) Q9 ]# m0 V7 ]. D5 {case may be, was made in respect of those goods at the time they were accounted for under) \, m/ `) a) ]' ?/ F
subsection 32(1), (3) or (5);1 Y& [$ |8 p. C" Z9 C- D& q" d: J
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0 F5 Q* O% S/ o5 ^8 T' e(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ x. ~2 \# m6 z+ j N& S
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
o1 `: o9 z2 i0 Haccounted for under subsection 32(1), (3) or (5); T6 _- t" A) y; l6 Y
(d) the calculation of duties owing was based on a clerical, typographical or similar error;( A, L/ K& }+ p$ m# ]& s( M
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2); t; g! t1 S, ~0 ?) w. B% q- |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or- D' \) O; F4 y) x+ f3 v& `
value for duty in respect of the goods and the determination has not been the subject of a decision
, n4 j2 k7 A% q1 f) M$ V2 q- Uunder any of sections 59 to 61;
; w' Y1 e* ?$ y- C(f) [not applicable to non-commercial goods];
" a+ u5 \+ d4 N r- j2 Z(g) the duties were overpaid or paid in error for any reason that may be prescribed.# _% K. T+ N% N
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 s/ M; J2 x. K
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) Z1 l: X! W$ @! r/ _
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
& r) D) R6 Q% d' N. e5 g& V6 C(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- q/ [! e* k4 D+ g
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 P4 s. G5 \8 e(3) No refund shall be granted under subsection (1) in respect of a claim unless
" ?# u- }* o1 p8 _3 y0 {(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 X% ^( Q0 i8 s9 ]- Arespect of which the claim is made or otherwise verify the reason for the claim; and
/ e f. @% C& ~! _0 c: ~(b) an application for the refund, including such evidence in support of the application as may be
8 d" A; ^7 K5 T$ @! K" \+ g' }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the v; [) q7 v" e+ v, `" R$ v
prescribed information within. h+ b) Q9 \, l; z# U
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 j: f" x5 Q) q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* r( i# K1 b. m6 v1 @7 o) e(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( y0 T1 F, Y$ K) x9 U) l9 {9 T0 Awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& i2 k0 {+ s4 z" N6 R(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of5 e" u+ r/ y& Y; Y7 V# T' [
this Act as if it were a re-determination under paragraph 59(1)(a) if
. H2 `* t% L8 M% g4 e/ z8 r& L(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ ~2 f% `$ _1 ]because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" O; Y: R7 x2 @" r0 V) }+ l) \
eligible for preferential tariff treatment under a free trade agreement; or/ @5 g8 `2 F2 N1 ]* A$ s
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& t9 E( _% _3 S$ G' {6 M ], ^* X" d
because the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" ?" G k: S n$ }(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 W" x& t2 [3 \& D, a( D
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it- b) S1 g4 Y0 N
were a re-determination under this Act of origin, tariff classification or value for duty.7 S8 j1 ^: N: ?, w: X5 R
7 k% `+ b' v9 F# e8 }- Z, W# f8 W% z这到底是说可以还是不可以啊? |
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