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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 U& S! x$ G) M% a- a& X& e
上面说 非商业 进口 可以免关税?$ X+ E9 _5 i3 T0 ^ d
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. ~- ]2 A- D1 v: H7 P& D' ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests7 L" T4 Q. ] N; M
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
+ |1 v9 S/ x9 H1 C* B) gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
! \6 z+ a4 c' A% I6 [+ i% J6 Vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' ?, O! @, w, |6 |8 }& G9 ?$ N(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to9 H3 S& _7 z5 l3 h6 s
Canada to the time of release;
5 P$ b8 _- B; t1 i# s(b) the quantity released is less than the quantity in respect of which duties were paid;
. g4 h. ?7 s9 V* i2 F(c) they are of a quality inferior to that in respect of which duties were paid;& _0 C$ B8 N2 E# p: d" [
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 y8 I1 q+ b4 [; Z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) n( Q! F$ m1 t: H2 g
case may be, was made in respect of those goods at the time they were accounted for under/ `2 k8 K, V. O/ c* c/ \
subsection 32(1), (3) or (5);
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z; o. y0 A$ {(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
~5 o$ i& g0 I: {preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 D7 @- [7 O5 w |2 n0 z3 F! M
accounted for under subsection 32(1), (3) or (5);' M F! B4 }% a7 i
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* J X1 u" r! _. _. z$ k3 C(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ q% Y; g8 ^' L- `! K
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 r( X6 X7 a' a @# F3 w
value for duty in respect of the goods and the determination has not been the subject of a decision% K' U5 I% b" c8 P1 W9 v: m' m
under any of sections 59 to 61;
' T! H0 p/ J2 C# \. e0 R(f) [not applicable to non-commercial goods];& K K6 k- _: {5 e. M8 o/ k
(g) the duties were overpaid or paid in error for any reason that may be prescribed.# Y9 A7 V( T# y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. d* F0 D& h( [on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 W: a* X v$ Z7 g$ }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. V! V1 E# [. v; f6 R9 V7 J
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ y( z" i$ N6 L4 @. [
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.+ J Q1 q' i" h+ a* |: g
(3) No refund shall be granted under subsection (1) in respect of a claim unless/ ]3 f2 W4 M$ y# s2 `
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 l, V- C. r" V
respect of which the claim is made or otherwise verify the reason for the claim; and6 W6 U7 a, {* ^# W* n
(b) an application for the refund, including such evidence in support of the application as may be
; L; e+ j* b: Sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) x( I, M L) ?2 p9 ~) w% e
prescribed information within$ d' B5 |; P1 \
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) R( j2 f3 t( |% yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and! i/ w: d8 X, M
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 ^0 j* A$ s2 L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 Z7 M' H+ Z3 U0 i
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ a9 ^/ }/ h/ d9 ]this Act as if it were a re-determination under paragraph 59(1)(a) if' y# } l& R- h; s& j& I& c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied. {; C O O: Q0 J; C
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not7 `% { a) ]7 U/ R+ X0 l
eligible for preferential tariff treatment under a free trade agreement; or
* l( O3 i/ ?7 }( B5 F. s(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, E2 _- D8 F- S3 c
because the origin, tariff classification or value for duty of the goods as claimed in the application is
- e; C/ S: ]3 N& w9 H! E5 m% Qincorrect.7 p7 z/ K3 G5 q7 S- O+ o! ~
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! [' b$ O! Q/ L0 \8 t x# U(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 G" m6 i- s. g F. N& x( Lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( |1 e+ X% K8 Y; ]4 D7 R3 c
were a re-determination under this Act of origin, tariff classification or value for duty.; {9 L5 E0 z! N4 X
+ z8 L' N' ]% V8 l0 c$ E! i这到底是说可以还是不可以啊? |
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