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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' |" l$ z, l1 J
上面说 非商业 进口 可以免关税?/ t3 c; U2 Y" j
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: v* Y& p/ {# U; {http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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$ b: ^8 o" y- {# [2 C! t+ @% cRefund Requests; a! h! W5 J+ ?; a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% E6 k1 |& z( d
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* o4 U5 x3 Y5 Z1 o- U1 qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) j0 P. W6 {; H; C; _( K2 w(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ ]2 a, A2 a# {1 G1 p2 e; h
Canada to the time of release;4 I1 {% J( D8 J) U4 Q
(b) the quantity released is less than the quantity in respect of which duties were paid;
! d) i- b5 K4 J0 d(c) they are of a quality inferior to that in respect of which duties were paid;
; E/ {6 J7 \7 R$ e7 }' z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' T2 r5 ?. Y* x% D+ Ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ n' C2 K/ d5 n. O0 e+ t4 dcase may be, was made in respect of those goods at the time they were accounted for under6 W& F& V) f4 j, c
subsection 32(1), (3) or (5);
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8 M2 B3 L7 u% B- }3 f9 Q, M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- @4 g1 q/ Q- G, Q1 }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ n6 c5 J" ]4 H! c. g! b, B2 u
accounted for under subsection 32(1), (3) or (5);
9 Q" }1 G. N% A. a(d) the calculation of duties owing was based on a clerical, typographical or similar error;
V* \) p( F! i, c(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
; g( U# B& x$ ~$ B9 T% Hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' N; }' g# V3 G% Y0 j/ h) y! C5 d4 ivalue for duty in respect of the goods and the determination has not been the subject of a decision
+ p8 L- E5 N3 O( d2 Bunder any of sections 59 to 61;& M7 U$ o. ^1 N5 r2 a& m' S; s
(f) [not applicable to non-commercial goods];; _5 _$ j7 M' q5 H- s8 S
(g) the duties were overpaid or paid in error for any reason that may be prescribed. K6 ]' [: F, ?, ~1 S; i
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 l5 U& P0 V3 \6 V, O
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" g6 V4 ?1 q7 L/ C' J
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; l6 t, w! v6 x+ F. E# z
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! z8 X" r$ l' D' p
unless written notice of the claim and the reason for it is given to an officer within the prescribed time. L% \" G7 f2 k. V2 p* }
(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 |' m5 ~ S2 x8 \& @' Y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# e" ?- s7 N$ ]( ], N& ]2 {5 urespect of which the claim is made or otherwise verify the reason for the claim; and
- C; x* j7 t! v0 E( R/ |% J(b) an application for the refund, including such evidence in support of the application as may be, S8 C5 v1 N6 g
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 c: _1 A; r( m7 c& }! x* m, zprescribed information within
3 v) P. @5 s( I8 T* n$ `(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ U+ l" X* r$ {0 E7 }or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 r2 d! \9 f9 D4 S9 m2 m4 ]
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 L- x5 Q' z0 z& D6 _were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ ` p! G5 a" u4 l, v- v8 J& ~% \
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; Y% [/ c1 Y) u- i: d) N8 o" u- l
this Act as if it were a re-determination under paragraph 59(1)(a) if
- g6 S/ [5 J9 v# W% R2 J(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! v+ @8 h9 Y- G/ t
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 \( ^' ?' E$ i* _. e! W3 o4 h1 @) k# Heligible for preferential tariff treatment under a free trade agreement; or7 d' v1 A0 C; Z( L) _" q( V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 J$ P1 H; z; W2 c0 m- A0 h8 G
because the origin, tariff classification or value for duty of the goods as claimed in the application is
, \9 X6 s) A9 o: I0 e9 L7 qincorrect.3 c- N6 R" b. S- i! B
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 I3 A) d9 G: @
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 Q6 ]) K/ z+ C# i/ h/ P
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; S! Y8 Z' J/ t9 X: A+ Kwere 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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