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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 H1 c9 M3 M4 P& U
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.pdf8 p! M) w+ Y+ x. X' L# z
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k- O( D, I0 dRefund Requests
5 l# q/ s! O4 q6 U0 G% p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 {$ d6 Y/ j! c: ]9 `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. ^7 {+ `# B4 `6 a6 h4 x
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ N, O3 @3 `0 Y3 K& E0 O(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ h! ~* l( s/ @1 ^3 O
Canada to the time of release;
; e: e* l* B( b4 R% c) ~/ [(b) the quantity released is less than the quantity in respect of which duties were paid;4 c+ P+ ` R' h% q) w
(c) they are of a quality inferior to that in respect of which duties were paid;
8 ^4 f* j; {$ m1 b(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. A1 d3 J( z3 u$ {% q, @, ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 \: M, V; p1 `, J, Qcase may be, was made in respect of those goods at the time they were accounted for under* `: o% N: L$ s9 c: N6 ~
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 f3 k& }# V$ y I$ m
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 a2 _, M" r, o) i& x& o8 gaccounted for under subsection 32(1), (3) or (5);; n, K a0 Y3 m1 ^9 H, X9 |6 h
(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ n- [6 _+ Z8 A/ o8 s; J
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, f; S( x; Q0 v( k! g5 O4 Uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, Z1 C1 A- @, g; c% y7 F! g/ k7 e
value for duty in respect of the goods and the determination has not been the subject of a decision0 g( G$ j3 d+ g
under any of sections 59 to 61;, T. K" o& q! `- S( g2 l$ g
(f) [not applicable to non-commercial goods];# u9 Z: O; y2 V$ C# e3 h4 n! y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 v% r' N7 ^$ [
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 @% P5 x4 ~- X; Qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 P; u h- q1 y1 a! [2 B( I
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. T5 b- b5 E. U0 K6 p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 [; w7 w. H3 D
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 k9 o- Q4 z8 t, {(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 H* j# z( m5 F3 p(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ B% m: z$ Y( E
respect of which the claim is made or otherwise verify the reason for the claim; and
5 s1 Z" n& l4 b1 @8 F9 R(b) an application for the refund, including such evidence in support of the application as may be
$ f$ \7 n8 `3 U) o8 C) `7 cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
* ~4 m$ f) I% u$ B1 x3 N8 lprescribed information within
6 @, T- h- j) t3 _+ i(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)3 {9 ]: k5 J1 d/ @3 l, W" Q1 c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ `; g2 ]- f+ ~! _" ^9 Q- T
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' @7 S* c! o2 n( H
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 C* y* `' L3 z; J, j+ g0 R( v
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, B8 R/ N) L( Uthis Act as if it were a re-determination under paragraph 59(1)(a) if, Y+ \% W; Q0 M0 c& |# H0 u9 y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
6 x$ T# i3 B4 ?9 @7 Vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% b, o ~: [6 l& u7 N4 P9 H! p3 w5 |2 c
eligible for preferential tariff treatment under a free trade agreement; or
8 t; ?" | j) W T3 X(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: Y- m/ U6 v/ v, N- N
because the origin, tariff classification or value for duty of the goods as claimed in the application is
* v; }, @' @9 a7 K. ~$ uincorrect.2 o' O3 r, ^+ U4 Z# h
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- L% X1 J6 B! q8 C6 r7 g$ m& b4 \(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* X; l! u+ O4 P6 E
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 w; I) w# L2 r. Y
were a re-determination under this Act of origin, tariff classification or value for duty.7 k& H+ @2 S5 [) H' e8 x4 P
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这到底是说可以还是不可以啊? |
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