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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# J. i$ a0 v+ T
上面说 非商业 进口 可以免关税?7 I# y' H% _0 W- ]& \4 M( Z9 D. Z
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 ~$ Y0 |3 W: |2 B! v; i& l5 F! E
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1 X% A, i8 c% D0 p. @7 C4 WRefund Requests
2 K6 G3 g2 G6 }0 k4 o74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' s Z" _9 i9 g a# Hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' O$ m9 Z' O2 s* p; l; q$ _
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if# Z; D8 o2 Z1 B0 y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
v( U$ p: D. o9 v: YCanada to the time of release;
# P* w5 f, i& H9 s8 t(b) the quantity released is less than the quantity in respect of which duties were paid;! X0 C ^: v- a6 r! J R
(c) they are of a quality inferior to that in respect of which duties were paid;
7 G2 ?( U$ X" c% `(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# e8 h- w! n( c. e1 H: @4 T) l# ^
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- n$ v) y" C$ ?- Y1 M4 }case may be, was made in respect of those goods at the time they were accounted for under
4 [. O L4 ^2 t1 |% Y; Zsubsection 32(1), (3) or (5);
( a) C( z* n5 s3( ]9 v7 z9 m4 R0 L4 X0 w* A
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 H0 [; Y6 C. Z5 |
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* K( a9 M$ [: ?. g3 L( q" }- P, w
accounted for under subsection 32(1), (3) or (5);1 D7 t1 b( ^0 X
(d) the calculation of duties owing was based on a clerical, typographical or similar error;& S7 ~3 ]8 W9 a& x& C
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ j2 q) F4 p# t1 }8 C% Fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 g4 {8 f L, o! ^* D; }
value for duty in respect of the goods and the determination has not been the subject of a decision
" T6 P2 N8 i0 A5 V# C3 T: Funder any of sections 59 to 61;- A! c7 d- T/ t7 n" o
(f) [not applicable to non-commercial goods];" m: y8 a2 c9 G, ?' E7 }! p; m( [" W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ B$ C! [5 X, A(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 p+ ]- h4 k; J3 g' w9 H
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 [# m; z+ b- O9 l) {! ^
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' y4 j/ }& `2 S$ I+ \, W6 W+ L
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 g; X! V; ]. p) b$ J! y) ?
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 z3 a! i% i8 [2 b: [4 D
(3) No refund shall be granted under subsection (1) in respect of a claim unless
V, x2 M) c2 U(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; W" O x7 C: E3 frespect of which the claim is made or otherwise verify the reason for the claim; and1 Z' \$ K& v9 i
(b) an application for the refund, including such evidence in support of the application as may be
3 B3 R: J0 E' G' P- {prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
1 d: H% s( [+ I3 h1 ?prescribed information within/ J& ~& @8 a3 e& f5 ]) v
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( `. q) A# r& u1 i) y" p1 u2 A' d
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and Q( z+ }3 H9 u+ G( n* A) o
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods, K# u @# _5 D
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 l4 ]5 K& W8 i
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* m9 L9 i$ R; e, o3 X. f
this Act as if it were a re-determination under paragraph 59(1)(a) if
' [0 D. ~# g5 }$ M, j9 J* g m(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 f0 L9 w, B$ E/ C9 c# Q
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! `3 j# g7 y5 l: F6 Beligible for preferential tariff treatment under a free trade agreement; or
- W+ S" V9 i" a3 _; F* X% o4 f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 ~6 e9 R; }) O0 k4 }$ t, C4 Zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
( _6 V. P8 X3 T/ x' E5 hincorrect.; H: _ S: g8 X; V
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 m% H! t/ v! p5 H% `! q k! |(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 Z& [: `, M, X' h P# |, Q! Hother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! g7 [& `6 Q# K A0 Gwere a re-determination under this Act of origin, tariff classification or value for duty.
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) U6 h5 D* K" A% \- F这到底是说可以还是不可以啊? |
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