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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations) R6 R; O2 l# Z! ?
上面说 非商业 进口 可以免关税? T; I( z. O' Q! U% p8 Z8 V8 N2 `
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+ h& ^6 K, L$ a4 K* u& l- Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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3 x/ P0 Z: z/ E; v& VRefund Requests8 {+ q( @& K* E' f J
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 x; r9 J! D! D* H1 v* P. }3 }* E1 zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 r% i) X* f6 d/ y4 G$ V' Q9 Cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 h4 t0 x& s. J0 i: \. Z2 s
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" Z7 x2 b G/ Z& }2 P; f
Canada to the time of release;
3 X$ B# B# v+ C9 M: B(b) the quantity released is less than the quantity in respect of which duties were paid;
# p9 ] G- X7 c' M4 m(c) they are of a quality inferior to that in respect of which duties were paid;1 b- v$ D) J R' r$ S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( g3 G3 {/ C" y+ S9 e9 ?, f
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* F4 n3 p# Y! o( u9 ~, a. Tcase may be, was made in respect of those goods at the time they were accounted for under7 ~2 p1 [2 Z$ J/ R. D \
subsection 32(1), (3) or (5);. ^) E7 j1 c0 {+ u c
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! N3 \9 c2 m- G. L7 R3 qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 A. f$ y# m0 s/ {
accounted for under subsection 32(1), (3) or (5); i0 J+ Y% H$ N8 }, P' J
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ J8 x i4 N' ~) o(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
* g6 h% U+ @% Z) F# hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
`9 B. z" P8 |0 l a* ~value for duty in respect of the goods and the determination has not been the subject of a decision
. y e+ x: c; [9 z" [under any of sections 59 to 61;8 f* \2 U( [* v" c3 _+ H0 j4 ?
(f) [not applicable to non-commercial goods];6 |# J [8 Z6 U- N& i
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; \ l! S' R4 c+ f(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, A" h7 y' \6 n* x0 o$ ~# c; P5 Bon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 y8 C/ Z* U0 jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; z* L. j4 M3 \$ l8 E/ E2 \( Q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( l: z3 D+ O6 `1 Z' X
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.# n" t$ z$ q0 j$ x) D+ h. s
(3) No refund shall be granted under subsection (1) in respect of a claim unless
" l6 ]8 Z$ r! N- t(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) q) i/ A, N( |% t: u- P
respect of which the claim is made or otherwise verify the reason for the claim; and# f K x, v0 V7 G8 [8 |
(b) an application for the refund, including such evidence in support of the application as may be
8 H9 h. i* G( O2 Rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" B! B9 Z, u- U9 \5 O# N
prescribed information within
) k3 H! m% J8 P(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
: C' T/ c1 d5 o1 Tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: U. C' N8 `3 ~
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 c& H6 k: F6 ?& d: x8 ^: V* D; P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ m5 C( |" G, x1 h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) ?/ k. W8 W5 l; i* Xthis Act as if it were a re-determination under paragraph 59(1)(a) if: }- g5 V1 |% Q4 k4 _; e
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: x& ]* A5 w3 U) ?2 Y& m" s ^because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" M1 T" S" Q0 l) {1 z" S( Deligible for preferential tariff treatment under a free trade agreement; or2 A/ F7 r3 |! N5 u
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 l: d' ~# l2 @% I# a+ y
because the origin, tariff classification or value for duty of the goods as claimed in the application is
' q4 T1 N! y* A) W8 {; I% pincorrect.
! t6 u8 G% ~, M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 d/ e7 q8 k# `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground u* y' r, [- Q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ X( }6 X; @+ @) v' O7 R q3 D! |
were a re-determination under this Act of origin, tariff classification or value for duty.
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# r8 d2 t+ o# o5 m. _2 u3 E! I这到底是说可以还是不可以啊? |
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