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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 N& B6 b5 N ^& ?2 G6 }, o
上面说 非商业 进口 可以免关税?9 l; w1 M+ N8 u) _/ F: O
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1 t- R( B% O3 xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; i. v& |' {- ~* ^
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6 |; \: G5 O1 W4 `2 kRefund Requests2 {% o+ C% W( A) |0 ^% H* H6 i
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 k, A' w4 I: x7 Q1 E9 i* A1 @
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# d% V% _1 T. E4 }/ G( l. ^# C# V
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
i) Y9 b% I/ T& T! }(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ X, H% y2 Q2 u7 M4 \
Canada to the time of release;- A7 k( ?* R7 x/ i5 d
(b) the quantity released is less than the quantity in respect of which duties were paid;
" Y: D# L: o) D0 X& [3 @/ K" ~8 ?(c) they are of a quality inferior to that in respect of which duties were paid;. g! Y& z* s# f. n9 b
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential, [5 n* f6 S7 a9 R" Z0 J) t# L
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 V* i! g0 n4 v) G% }+ K& l
case may be, was made in respect of those goods at the time they were accounted for under
# [% C: @: t9 c! s3 D/ Rsubsection 32(1), (3) or (5);& ~8 O* ?6 M `+ V1 T3 Q0 o' A6 _* v
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+ n+ ^! r: E/ d+ K& o8 h(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 E* O2 |% M8 V; K7 S: T% o( ~0 C( dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 x+ [4 _' Q6 _) I' c7 _
accounted for under subsection 32(1), (3) or (5);: R- e* F' L- h
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 V6 H1 J+ n8 @: s' A* h6 G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
; g7 J6 D: l5 ]9 f! ?6 e! d; Z; wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- T1 ~3 M$ s) D( q% W. M zvalue for duty in respect of the goods and the determination has not been the subject of a decision, D" ]* O, `& p& ^
under any of sections 59 to 61;6 u# \' y7 ]+ K2 q
(f) [not applicable to non-commercial goods];
( U0 c4 L N6 Q4 w(g) the duties were overpaid or paid in error for any reason that may be prescribed./ z" o+ O% V2 \
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- s N% I8 l/ Hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 X4 F% d ]8 ?, jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. G; Q6 S; \/ [7 L* g; e(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; ^* S0 T* t+ O0 v3 `% S
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: s3 c! P4 @' E, U& H% ^(3) No refund shall be granted under subsection (1) in respect of a claim unless
- x& Y+ L! S* y4 e) a(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
: b0 L" E+ J5 J" m9 b6 b( q+ Zrespect of which the claim is made or otherwise verify the reason for the claim; and
7 e+ l$ l: r& Y- A) {% Z(b) an application for the refund, including such evidence in support of the application as may be
4 X! h+ Q/ i6 S4 U* T& l, B3 }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& ^1 ] K3 Q9 C' s4 x5 c0 P4 e
prescribed information within X6 z* m8 W( M+ q0 F
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)$ v& m. B+ i! t( J6 L
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* Z* D$ K6 Z3 H9 |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! C; x O4 f0 S, v9 W9 H# Twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 e& A6 d( a$ F6 l; x# i1 J(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ p }2 q, q. s9 q athis Act as if it were a re-determination under paragraph 59(1)(a) if
' K- D- X- M/ g% ^! n(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 v5 l$ `8 C6 Q" [
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ w6 n% h- J% N# d) {9 L+ n
eligible for preferential tariff treatment under a free trade agreement; or
- P/ [; i6 t4 p* L( `. K(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( l* U' I2 M0 q5 {
because the origin, tariff classification or value for duty of the goods as claimed in the application is/ n6 W8 d5 O; y" @$ x `' R# u0 E
incorrect.+ _0 _1 u( N9 C. E- k) ]
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 a7 G1 B* b0 n+ Y! k; O(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 a, |( V' x$ Y* h% w2 Xother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 [7 F9 z& V% |0 A- g
were a re-determination under this Act of origin, tariff classification or value for duty.9 }% Y# F9 C2 x: G4 |
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这到底是说可以还是不可以啊? |
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