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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 f* h% [2 a5 F! L1 v
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 n7 x, H: ~; Q7 k' w
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ j" D+ X) k* ]2 ]" fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* u8 B) g/ j. |0 t" v( L" d
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if" D( @ i6 i1 M* L, T A
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ a" _( q; w9 m* y/ p) ]4 e
Canada to the time of release;
- B) s. f9 M, ~) x* Y+ Y& C7 o(b) the quantity released is less than the quantity in respect of which duties were paid;
& P2 p6 A; _7 {& W(c) they are of a quality inferior to that in respect of which duties were paid;
( O2 t1 w* t. t" Q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ F3 v+ e9 I0 e% v: dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# C: S$ b4 u1 j* @2 i9 u3 T
case may be, was made in respect of those goods at the time they were accounted for under2 \( P e% k2 W: ]( o8 g
subsection 32(1), (3) or (5);; E+ W8 ]9 |8 G" S0 B, X
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 d; i# f1 S4 _preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 J% _" W; A6 ~" e4 y9 z. r) Baccounted for under subsection 32(1), (3) or (5);
/ v' d9 c/ o* q/ J0 F% _(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 A& M; }7 E& i9 T% V% b
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 U* R* ^) R2 H" S9 w% m. e5 j5 a
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 w& z5 ~" i: p# O& [, Fvalue for duty in respect of the goods and the determination has not been the subject of a decision
& K r1 V! i5 i- M2 ~under any of sections 59 to 61;
5 h# Y( o9 V/ M: j1 }9 l(f) [not applicable to non-commercial goods];! A' H- z. {6 B, a
(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 ? v( _+ C/ }3 o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. \6 X) V( b8 Ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! n& x! r" a8 ^- n! j% Hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 C' `. S9 e8 e(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 u# x. d5 H/ o# Lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.; u; ] F% o- q4 D: x5 w% x& U0 x1 f
(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 t8 m9 ?, E9 B4 Z8 p6 C(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 c9 E: o$ E; T0 f# e. V' N7 A& {
respect of which the claim is made or otherwise verify the reason for the claim; and
" E1 ^, `4 O+ R6 Q- b(b) an application for the refund, including such evidence in support of the application as may be
; a* ^. i& l# ~- G) R1 _/ W. @: Pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 h' J4 h- K* F9 s; K* ]) F
prescribed information within0 w( W* B$ G" p: s" K0 x1 N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" ~7 D1 w2 |7 B
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and ~9 B- C8 ~# h6 p
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ e( L5 p' I3 j
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.& z! A3 @4 U8 Q4 ?& t
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of( r5 j$ L; @- d/ I/ I
this Act as if it were a re-determination under paragraph 59(1)(a) if9 D5 _: E# L& I1 D1 n+ \* E
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 i/ M' `$ ]; b: y6 \4 w d
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
]- H, A$ s# E3 x& ?8 @* W0 O1 Oeligible for preferential tariff treatment under a free trade agreement; or& {# D% x, ?& @& O( [5 G A5 \
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! P! ?1 j9 ]" E P0 ^ i" S- J2 \
because the origin, tariff classification or value for duty of the goods as claimed in the application is
* C8 i2 V0 C- k4 R9 J8 c: B. S" Fincorrect.7 t& Q5 v; D/ A
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. n. S0 v3 F) S: N(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground {" w8 f: T2 ?7 P
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: k4 O- K1 k3 e+ f0 a$ I; h3 Zwere a re-determination under this Act of origin, tariff classification or value for duty.8 C! N" h3 V5 ?
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这到底是说可以还是不可以啊? |
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