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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& f9 }' l; B/ Y6 M. c6 b* u
上面说 非商业 进口 可以免关税?4 `4 m" [7 F3 ?. F& J
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; F& p% [4 X* ]% m: M5 _ Yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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; O9 [' h9 S2 {Refund Requests6 O9 w W5 p+ `) }( Y4 t$ W8 y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 l9 z: [0 S( ^& D# m$ i* }) bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
! y: |' U4 W/ J A5 |; P* [$ Aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' {0 n7 a. z* @# H6 |$ ^# |(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 W+ }" D, Z$ H) }- DCanada to the time of release;
' R! g! L0 ^3 V4 [, R/ O(b) the quantity released is less than the quantity in respect of which duties were paid;
/ r3 Q) s4 r5 t; d9 M) J(c) they are of a quality inferior to that in respect of which duties were paid;* \+ J4 g! g" |3 ^1 a, n* U: M6 l
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 i. v6 R4 C/ h" ^2 g+ a( {0 e* gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the4 b3 s2 U ~3 X" X, B" H
case may be, was made in respect of those goods at the time they were accounted for under8 M8 H( F) s1 T
subsection 32(1), (3) or (5);# M" I% N; ?. S8 x& m K9 e
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% o, R4 z4 Z) o8 C3 \5 Z3 _- ~5 A: T7 v
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ _, N2 S p/ U. n2 ^4 Faccounted for under subsection 32(1), (3) or (5);
0 }7 F" Y% } B(d) the calculation of duties owing was based on a clerical, typographical or similar error;% g" F. K# ~5 j* o* }/ S; R0 W
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), n) m& y0 ]) n( I, u; g5 M5 d
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 I: p' o1 l9 C1 |. U% V: W
value for duty in respect of the goods and the determination has not been the subject of a decision4 K1 S( M. M1 n9 z: }2 M4 R V) T; Q
under any of sections 59 to 61;
( w7 @$ @" c: c. T6 x(f) [not applicable to non-commercial goods];+ `& I' R. F- b: O; U
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 Y( _$ P( S' j, b(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based2 X2 l; ~3 p9 k
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& u/ { S2 `4 v5 j' y0 V
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 k+ ?) N3 A# A& ^2 u1 O
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 q* R. P u3 U n5 H- }1 bunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& V$ h/ ^' o- w: S# Y(3) No refund shall be granted under subsection (1) in respect of a claim unless
^# e& H4 m! ~. ](a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* H; {8 W2 u7 z& Vrespect of which the claim is made or otherwise verify the reason for the claim; and
2 u/ M1 d. S! u- Q5 a( o(b) an application for the refund, including such evidence in support of the application as may be9 m( O0 U' a9 l4 L8 a( H9 g1 z
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the; T2 A! N, e8 N3 H8 R
prescribed information within- \4 d. i2 C" ^1 {% C8 g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 m `& u$ p- k
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and3 u- g( h9 `8 C! F/ t
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
4 j; e! ~( X m* jwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed." u$ \& J# @+ Z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. G0 U+ }9 M$ I* G, t% e; B3 ~7 tthis Act as if it were a re-determination under paragraph 59(1)(a) if
l, X4 V( A* Z2 S V(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 G1 C) }: C4 e$ ^' wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 g- {8 i+ c4 r" h1 E( H8 J7 X
eligible for preferential tariff treatment under a free trade agreement; or9 _4 E6 A5 L, b2 I6 V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 x' I3 x/ d4 e; F# W9 Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is" ^) v, V4 ]) E- a
incorrect.1 x; |1 R' _4 V2 q9 T% T5 X
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 S, g1 ^/ X, M
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% o& n1 f4 n. ]) Dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ ?" @9 h! }" P/ Q: t' j9 Xwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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