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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations$ z' P. D+ Z6 a. f1 Q
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
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Refund Requests6 F. T7 {" A2 t& |- \) k
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. s+ E+ G% A' W9 p9 t& x5 B- Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
@, W; K* F( d5 ]of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 |5 @: u* g9 U9 l& u2 w(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 o4 ^: a( S2 y5 }! k+ kCanada to the time of release;- D& a: u+ k7 |3 b9 m# H9 p5 F8 e
(b) the quantity released is less than the quantity in respect of which duties were paid;! H1 n; ?- B- M3 M6 m8 b
(c) they are of a quality inferior to that in respect of which duties were paid;. i* o0 [) `& R# q+ J8 _9 P4 _4 {
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- P' {9 n2 d% R. a1 ?3 Z, C
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 X& F+ x" R/ J3 a% L( ~9 F
case may be, was made in respect of those goods at the time they were accounted for under% v# u; _1 V- B2 e2 F# C: A4 `
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
5 H& N- D! Q; l Q3 apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are: y# g% U7 b7 {' o1 d2 w e$ u
accounted for under subsection 32(1), (3) or (5);, e+ k1 H+ q. w5 w$ ~3 ~( h0 q; F5 c
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 x% z. q$ W9 z4 L0 L9 W4 S% p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 y. [9 T! O7 ?. Q% P( {$ H$ s
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; m& z g9 O6 P, Kvalue for duty in respect of the goods and the determination has not been the subject of a decision, R( u( z# F' G/ Z. P
under any of sections 59 to 61; }3 c4 ]" C6 J9 R
(f) [not applicable to non-commercial goods];+ {7 S) c1 b I# S7 P
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. H6 H) G* a' t( |& ~(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" @1 m/ K; b5 fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ L7 w& j# h0 S! y& q* I/ o% K
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" B/ S& C, F& I9 h- F(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, w8 z. g5 I& S! O5 ~4 o Qunless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 R5 Q# m8 d% T# c( n
(3) No refund shall be granted under subsection (1) in respect of a claim unless% Z" h% G! E6 D, X. I/ q& L
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ B* t, a2 S, N8 ]* `
respect of which the claim is made or otherwise verify the reason for the claim; and
$ E' B m% l/ a8 `& F(b) an application for the refund, including such evidence in support of the application as may be
7 g3 z7 B9 D% Z+ s1 Aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ p$ C& M3 S, ~1 p8 E0 Zprescribed information within
3 i1 `4 X0 d# t$ @0 d6 }(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ K% J0 j8 {' s9 r9 P+ N/ P) bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ Q! k, n% B: e
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( h [; b- a* B, A5 H; Q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" m! @. q2 G7 }2 E( s' j(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" h N1 x# x8 ^% p; F# Ythis Act as if it were a re-determination under paragraph 59(1)(a) if) V. t. W2 ^# ]+ [& _$ e, a, b7 p% C
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* s, i E7 I/ {. f' a5 h6 d/ H
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% Q' u, A/ j* {0 Z5 ~eligible for preferential tariff treatment under a free trade agreement; or; b. {% c# V6 }; @" G6 C( w
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, P1 x8 s; u* b+ z2 n2 d- n2 u
because the origin, tariff classification or value for duty of the goods as claimed in the application is, k2 p- b9 L2 g
incorrect.
: W' v1 }, ? V: B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 K5 R( T' F% s. F; J& x(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 O. O6 E+ z3 k
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
. \# q; O1 k6 ^/ a9 f" ywere a re-determination under this Act of origin, tariff classification or value for duty.
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4 {4 D2 O8 J8 q. h: O这到底是说可以还是不可以啊? |
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