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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& E3 O9 P, e0 R- i
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+ o5 J0 o) a" X& l: {- d
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Refund Requests2 s$ S+ k3 U8 c& R0 r
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" f+ r) D9 k& ?4 Q0 S0 \5 \! i! gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
+ {& |7 j }" ]. Kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 b5 P% N' g8 M7 e/ `(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; n# }4 D+ L. o8 T3 A7 D! Z5 w
Canada to the time of release;
4 m9 X. q" N. c5 b* r$ Q4 B$ `/ z(b) the quantity released is less than the quantity in respect of which duties were paid;
, G+ ?/ ^+ E' ^8 m) q3 H# O(c) they are of a quality inferior to that in respect of which duties were paid;
, ^$ D" p7 j- T' f9 H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ G4 @' c+ M8 e0 O$ F U
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- y7 _; E. ^" I+ z# Pcase may be, was made in respect of those goods at the time they were accounted for under
7 {9 U) Y6 c6 Y# ?subsection 32(1), (3) or (5);
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" g1 a$ D. A0 l; c# E, e(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* U8 ^% ^7 m, [; l# ^preferential tariff treatment under CIFTA was made in respect of those goods at the time they are: {' d. k) Q/ m* {7 ?. Y0 {# t0 Z
accounted for under subsection 32(1), (3) or (5);) Z4 u* E: E u2 u, D9 x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;; z6 J* _% d6 M$ O
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 o( W( i6 L! H, }3 K1 Dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; o2 X* I& Z1 d% B* B: a# V; tvalue for duty in respect of the goods and the determination has not been the subject of a decision8 W: B* n" g& ]/ e: n! y( K
under any of sections 59 to 61;9 o8 `, W6 X7 l3 Y
(f) [not applicable to non-commercial goods];
6 J* K7 E1 n, [3 } z(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 ~' [6 t( L" _& p
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based9 Z/ @$ j, b4 x1 X5 T; l8 d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. t: w2 A# w( b/ ~5 q) z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 |. J, u% k( m(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- x. g+ u5 Q7 e. m4 gunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 c# t" Y& V# m3 f( O; i) Y(3) No refund shall be granted under subsection (1) in respect of a claim unless- F- T) p* ~0 H$ N8 |
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# a2 U/ b {9 t9 O1 z* e0 a2 [respect of which the claim is made or otherwise verify the reason for the claim; and4 e L z% ]5 ?. D+ y
(b) an application for the refund, including such evidence in support of the application as may be$ X" m2 F; ?, `- w2 B
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 F H$ d9 \4 a: u/ S7 C
prescribed information within
' n$ }! w0 M( b+ O$ f% h9 q7 }(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 q' d" P% S' X7 s* v0 Q6 B
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ g' V9 k. Y1 r7 z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; V( E. g/ K# [& l
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 n) w3 }# d- ~% S; D2 a# z(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 |4 v( P, u+ D
this Act as if it were a re-determination under paragraph 59(1)(a) if& E9 M# Y; s1 h S( `
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 D& e4 M$ s7 b- g
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 z2 D8 n/ L w2 _eligible for preferential tariff treatment under a free trade agreement; or
% [& @0 ~& q$ A- R4 h(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' T5 H, x1 X3 z5 t& ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is' P. c$ a( H8 L8 r8 Y5 m4 u- W
incorrect.
2 n- R/ D5 j9 `(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, z# K1 `. H( Z [4 H0 R8 H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 w8 n$ Y6 D+ J& F
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! H2 U( a6 m" D' ^+ {: ]# S
were a re-determination under this Act of origin, tariff classification or value for duty./ c% O( G1 \' \+ n. I2 \
4 W' Z% Q% F+ {' W这到底是说可以还是不可以啊? |
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