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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 v* P9 Q$ x" Q4 N, J
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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& D/ A/ k$ J: D7 i6 O) kRefund Requests/ y k8 y3 U0 _' u0 _
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: P! w; y2 k; _$ k0 d
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. M7 k: C9 S$ Q; b
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if! {% L# d( n' }
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 d7 R3 z% f" `; f$ qCanada to the time of release;
# e) {( u' r- x& C(b) the quantity released is less than the quantity in respect of which duties were paid;2 M- z# `- {+ c* d: e9 s( g4 r6 Z$ O
(c) they are of a quality inferior to that in respect of which duties were paid;. Q: Q0 i3 g# w
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 d# J; b7 x4 A6 F% K8 M3 B9 M! itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ V# ^' V5 t1 z
case may be, was made in respect of those goods at the time they were accounted for under
2 U. E6 x. }: r* u$ d( j' g' M ?9 bsubsection 32(1), (3) or (5);3 T& g7 C& ^3 N8 C! _ u7 F% m. [6 m
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7 O1 N, X+ K: [2 J) g(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 u$ y# q$ ?* ?1 ^# Rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are% {5 d/ O! j0 y: N+ {
accounted for under subsection 32(1), (3) or (5);5 [& f( ^3 C* m1 u8 h0 _) k- i
(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 Z* f: F y# ~/ U
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 d# ^6 n, K, Z! p2 L* D' [
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
6 z* M" T( w# W% R( k n nvalue for duty in respect of the goods and the determination has not been the subject of a decision
- H. l# T; b& l* m9 U0 [under any of sections 59 to 61;) p* I2 k( b. O* I/ z+ K4 r
(f) [not applicable to non-commercial goods];
9 a" u: f5 }- b1 N! i% H(g) the duties were overpaid or paid in error for any reason that may be prescribed.* s9 K2 G1 o' q4 S
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ s; p; g6 f. y/ v) Don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) ]6 Z, y' C. D% w7 h! A7 a
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! v% p$ M" K8 u+ T# k `8 u! K
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 _$ I' m1 m4 R% J/ b9 @- z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.. y9 q+ q7 ?5 s( S3 V8 K* H
(3) No refund shall be granted under subsection (1) in respect of a claim unless
' K8 ?0 I6 U/ U. g8 p, [(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 Q& \6 X: t ~6 y2 Y8 V9 Grespect of which the claim is made or otherwise verify the reason for the claim; and2 D* l! G, L5 Z# B
(b) an application for the refund, including such evidence in support of the application as may be! x; q& d7 L } H+ K# L
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ w% Z6 O; U$ i9 t- C+ d1 C, qprescribed information within2 n9 ?1 l& u0 e' \
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ I- S o- K# p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 A' K. a5 W5 {5 Y( }5 _
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. X- S; c6 x1 R( o
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. Y: d0 \( S: t3 G(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" K4 ~, T: o/ ^$ w5 G6 M
this Act as if it were a re-determination under paragraph 59(1)(a) if
+ |, ?3 [% P( B0 N2 b/ }) m) W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* }% W0 n0 m4 h: f2 B0 _8 `
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) |) I# w6 e( V5 G Weligible for preferential tariff treatment under a free trade agreement; or
1 Y. W9 a& {, N7 c9 }(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- n- t$ b( n$ E" Z) T2 n0 c3 R- {
because the origin, tariff classification or value for duty of the goods as claimed in the application is. J x* {' z5 Q4 K
incorrect.
# T+ ~) p% x5 X! ]! o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ q/ i x+ v! d( s
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 s: d& j( t- S! S+ V1 f/ wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ N/ z+ `2 `1 bwere a re-determination under this Act of origin, tariff classification or value for duty.& s) B" A* `& n1 K5 ~: Y T, l
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这到底是说可以还是不可以啊? |
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