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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& E- z! e- Z1 s) C' L1 T
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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6 |2 K- H7 c- W5 p8 SRefund Requests F6 o1 m+ B: A& v6 f8 j- Q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% b t( b3 d( a* Apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, v/ P4 w7 B$ R8 [, @$ B% [, j: {
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; ^' o s8 c6 R2 X4 _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 q: t% D; l0 G6 j# V' M6 o
Canada to the time of release;
* o3 r/ y3 R: O: Z. M(b) the quantity released is less than the quantity in respect of which duties were paid;8 Y6 _7 `0 a" [8 a; H
(c) they are of a quality inferior to that in respect of which duties were paid;2 o {! Z4 b2 b+ }1 Q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ b. P! N' ?) Y8 Z( T$ b
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" j* n* m& p4 E$ o4 R2 T8 M) ?3 ccase may be, was made in respect of those goods at the time they were accounted for under2 D& J- p! r2 y/ r1 t
subsection 32(1), (3) or (5);5 ~- h* m5 L* t" J+ J0 K% ]2 c
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 X3 f$ a) k6 |5 ?( }
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, y4 V% I$ X1 B4 h0 e* j! jaccounted for under subsection 32(1), (3) or (5);2 F; m2 i6 `" ?7 H* u# B0 ^
(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 w7 N+ y4 a2 f" Q4 _
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 a) O7 g" c3 j& a* Vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 \: J! |# I. L/ h u7 D; ]value for duty in respect of the goods and the determination has not been the subject of a decision2 u0 \* H5 @+ C% d
under any of sections 59 to 61;& s* ?% z' r4 x- V
(f) [not applicable to non-commercial goods];
. r7 j2 c% q+ v* d! K/ |3 u(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ s4 U& x- b5 f* s1 ^# f E(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. T$ D: A( E$ W% `
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) d$ P; }6 A* c: @$ n% ?) Jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., }) e5 ~# B2 k5 f% x) ~" @7 g) m& t- ?
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; W% |5 _+ d1 s/ F& Nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 u4 }' ?6 D/ Y: s' d( y6 z# v/ Z
(3) No refund shall be granted under subsection (1) in respect of a claim unless! C H( ?1 H. O" w% |. C; t
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 {3 q& j' P" h9 a8 }$ h( v
respect of which the claim is made or otherwise verify the reason for the claim; and
) q6 a9 t4 I- A5 u(b) an application for the refund, including such evidence in support of the application as may be
+ {9 G# P( J6 Q6 gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& e* m7 k) r9 u# X1 Bprescribed information within
/ V7 W5 u: m. X2 E(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, H0 f" I0 K) Dor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ h! t! r8 S5 l) R, C' ?4 J# G7 j
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 m+ C5 L- h* S& C" x
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
4 S# u2 o1 x4 W2 k4 u: y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 p O& w8 @( P
this Act as if it were a re-determination under paragraph 59(1)(a) if1 j( u& E- j$ [; O3 G2 E; w# b
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 A: Q1 V% N0 j- l1 f/ p
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ D `5 I7 ^1 Q# I9 b I/ ^9 F0 h
eligible for preferential tariff treatment under a free trade agreement; or
" V& I" r( a) @: B(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ ?' }% u/ F5 ~$ d; N5 z: Bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
3 \1 W+ W, U+ i4 `4 xincorrect.; v/ n" i. a- G
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ y) o; r8 ~3 I(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 g1 x- H8 a Bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 t0 d s' G7 E& d, Y8 q' Q4 |were 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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