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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 f" V; V" f5 L: ~
上面说 非商业 进口 可以免关税?1 v$ Q- k8 m+ M* x( U0 k2 \& R4 y# i
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( S+ h, I" N# Z( t( f3 vhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf u/ ]- b; W2 n3 Q. q
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s3 Z, }0 b8 P! N& \, iRefund Requests. ~+ D1 ^6 T0 B7 j
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 f$ g3 u) q2 o( |* }, b/ Q
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ N- x8 i4 i2 c, T" S
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 x0 \# Y4 h, N5 |. P
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 @; b6 \ d) q, O; }' eCanada to the time of release;2 U- [' H6 o" _; m' \9 F
(b) the quantity released is less than the quantity in respect of which duties were paid;0 M" [- x/ p& z4 l9 o
(c) they are of a quality inferior to that in respect of which duties were paid;
1 e6 u+ k0 g( `! k, W( l(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: ]" ` M8 h. t% ^3 ?! b+ T: I
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 w% `% h1 L" W( M% Bcase may be, was made in respect of those goods at the time they were accounted for under
4 A( m) r1 a' F2 f# O7 ssubsection 32(1), (3) or (5);5 ]. P8 }: N4 k. |
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 @$ u8 s. r. ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are' A' X' R7 k( ]# ?
accounted for under subsection 32(1), (3) or (5);
6 T. ]( }& n. D' B; w2 O: f(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 G$ i f. D: w0 k4 Y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. U4 J( _% G( r& z: Yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' I* Y+ t5 c. w
value for duty in respect of the goods and the determination has not been the subject of a decision
; w6 }1 z2 {; O3 R' kunder any of sections 59 to 61;
. T# V) G3 ^0 Q, u& d4 H(f) [not applicable to non-commercial goods];9 e9 p J* L, y5 h6 ?3 H+ I
(g) the duties were overpaid or paid in error for any reason that may be prescribed.* `. q1 e% V. O$ b, o& j
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; d6 [- x; H! {0 }) B( R0 x
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( U$ p: G; V3 O+ w! Z8 Y. T
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 k/ T1 K, u8 y8 K0 W3 i4 n Z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
n; F2 Y! L% x, ]7 tunless written notice of the claim and the reason for it is given to an officer within the prescribed time." A4 b6 s% V" C6 G% { V. M6 {
(3) No refund shall be granted under subsection (1) in respect of a claim unless0 x2 f/ T2 |: G
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in# }+ o7 G6 H& q$ n d1 q7 q0 W
respect of which the claim is made or otherwise verify the reason for the claim; and
' \' B2 k+ X- y( }& K(b) an application for the refund, including such evidence in support of the application as may be# x- ]$ c. i; ~. e3 _5 I
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ w2 I# C7 S6 Y2 k
prescribed information within
, G) V [7 o; x(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 k% w* y2 v* Y% T: X9 s7 Cor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 B; t) t" x; j8 E: a, F
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
$ m$ F' H. ^1 u+ `" Awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 {3 p: @' ?- ], L6 X
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
$ S' @) |* l0 W4 cthis Act as if it were a re-determination under paragraph 59(1)(a) if. E3 c! m3 F. W6 {
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& P4 f% d# {/ |2 n3 N) g5 A1 D6 k( o
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) Q( \. R1 X( a9 e* ^
eligible for preferential tariff treatment under a free trade agreement; or8 s2 n/ ?- N+ c% }* ^% w7 z! B
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 m% G& [+ I; E) b6 }because the origin, tariff classification or value for duty of the goods as claimed in the application is; A {+ z# Z- E/ m+ h7 G8 m* |
incorrect.
( l8 e3 q e3 @(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! c/ y- Z e0 H/ @(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: \4 o1 r$ [1 m, `1 y9 C; Bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 k6 y _8 c& [% p R: c
were a re-determination under this Act of origin, tariff classification or value for duty.0 J6 p6 |* l: P- x1 J+ R; p! {9 B
; {% T& J% j0 j! ]这到底是说可以还是不可以啊? |
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