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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* s0 _' b! N* n- G+ E# T# R6 }
上面说 非商业 进口 可以免关税?3 |* ^: g6 g5 O
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 d5 p' H, d# _$ \
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Refund Requests6 t5 A+ H, b' d. h4 ~/ k% A: S
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, s, V/ @2 {8 f# wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 U. t; j9 f. O" vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 D4 f* e" l% Y- s(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 ~2 }- v" ?7 F$ D: R# w
Canada to the time of release;
3 d. ?, a7 V5 ^( F; s) a; c( c(b) the quantity released is less than the quantity in respect of which duties were paid;6 z( O2 G; w9 t3 I
(c) they are of a quality inferior to that in respect of which duties were paid;
1 l, v6 x# b; d2 N {(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential' Z( Z2 R$ a: i6 J a
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- W$ B/ X; e2 D. l3 A
case may be, was made in respect of those goods at the time they were accounted for under5 S4 }! o) i1 h& _+ m4 p/ s
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 for V' \0 W( J4 f7 \3 B8 ~* E: {+ Y* d
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 A8 w. W+ b0 s& ~
accounted for under subsection 32(1), (3) or (5);
4 y* N2 z: L; e; p+ G2 |6 a/ ^(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 k5 e8 _: T% F3 X/ @
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: ?7 J6 w- j6 p4 ~) c0 q |of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# X) p# i$ u5 X' U8 b7 I& pvalue for duty in respect of the goods and the determination has not been the subject of a decision
/ G# V/ a% H! C4 w. C# bunder any of sections 59 to 61;$ _7 i3 \/ h& N+ g" y5 ^; S
(f) [not applicable to non-commercial goods];2 T2 q9 B( [0 s
(g) the duties were overpaid or paid in error for any reason that may be prescribed." \+ D8 ~) k& ]) n0 n' d
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! B( v& e) W% y/ a! t* ?! q4 yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 G. Q) i/ L' h C
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 z8 [7 c: h% K2 E" J(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 ~3 S9 M4 z1 D: D, f0 eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ J4 Z6 I! H! \(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 A, b$ a$ m! |3 C; r(a) the person making the claim affords an officer reasonable opportunity to examine the goods in ]0 J4 w- }% Q: O. Z7 i+ V
respect of which the claim is made or otherwise verify the reason for the claim; and
; p8 \+ j3 H+ l(b) an application for the refund, including such evidence in support of the application as may be
/ |: Y! H- g- p6 z6 }: r2 O! rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 M( _5 H/ W0 [ c! N5 Mprescribed information within3 k3 H+ X) ]" Y0 r ^- H* U
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 s1 O7 p, i6 T3 O9 b kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' i1 _' C( g3 B- N- M9 q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: q' M" E4 S( ~) c+ m9 Q9 Xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ H7 f8 |. m# Z- N
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- ~4 ]$ U3 {/ a+ w4 g: Jthis Act as if it were a re-determination under paragraph 59(1)(a) if
. `/ v2 S, x6 M" t& _7 h(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 }9 ]2 h1 `* o4 |7 dbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* e( i0 S9 _4 Y8 H2 Z S: o
eligible for preferential tariff treatment under a free trade agreement; or4 S V& d+ Q3 f
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. c# k" z# ]" E+ D9 Y+ C. W
because the origin, tariff classification or value for duty of the goods as claimed in the application is
0 B* T, K0 H& t" n# t7 r3 tincorrect.# e7 _9 I* C1 y9 ^
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) H; G8 W9 ]/ [/ @2 u" r; ^$ g
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" T3 E0 s6 ~% s, ?4 A( o
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 e6 K: D4 P+ m% _7 j9 Rwere a re-determination under this Act of origin, tariff classification or value for duty.$ Y2 a, R& X @: C3 p7 [4 t9 `
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这到底是说可以还是不可以啊? |
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