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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" j( Q2 k; c: a, c
上面说 非商业 进口 可以免关税?$ a+ R3 U; K. l7 E6 y. N
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. P& O; K8 U, X' P, Z! O
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~. z% {% G' JRefund Requests4 f2 ?: O- F$ ~3 C
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" ?" S3 g" Z! M' w0 A, Spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) Y9 w5 W {0 m; f' D) I: Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# Z5 J. `1 l& v0 m t1 R9 ?, N(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 E$ J- V: [' e8 j2 _; [
Canada to the time of release;% |7 X0 U8 r# ?: W
(b) the quantity released is less than the quantity in respect of which duties were paid;
: T) d2 A) e9 ]1 S(c) they are of a quality inferior to that in respect of which duties were paid;: N) _& n% e7 ]0 |& V
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
% l; t9 P8 s6 [% V2 Wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! \! w+ R9 }" V, e. r, T
case may be, was made in respect of those goods at the time they were accounted for under
, i; y) O% J" L+ `0 y4 Gsubsection 32(1), (3) or (5);
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6 l# u; }: F' z(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% t: x& P0 N* S* M- H+ }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are# t5 ?% |9 A1 E& `
accounted for under subsection 32(1), (3) or (5);
5 w2 i! K+ O6 h: c( i& n0 ~/ F(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 L8 u* p& C' h(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& ?. x3 W: Y8 @* R) ^/ D
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 T) x% I8 w: ?2 [4 o+ F+ Tvalue for duty in respect of the goods and the determination has not been the subject of a decision% \4 ?6 S( |! a) ?3 G. W9 i2 {) C
under any of sections 59 to 61;8 c4 g7 O; g k6 W
(f) [not applicable to non-commercial goods];" e5 d3 H% K; Q' F) _( C
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# `" ?+ T A( _2 J(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( |& c9 r; w& i u$ Q0 r" |
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! J$ ^2 L9 [% n2 B8 l( n" C' dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' f, |( r7 z% k4 V! p) n. x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 Y! G) l* Z7 x; yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. s8 G1 I2 `1 W) h(3) No refund shall be granted under subsection (1) in respect of a claim unless! B& Y: e. L; \# V, }
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 {& A( {% @, [& B
respect of which the claim is made or otherwise verify the reason for the claim; and, {* X5 R* }" n- t2 e- x& V
(b) an application for the refund, including such evidence in support of the application as may be' l' S5 Z, l! h! y/ r' o: \/ N4 Z
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) w# I2 |& G. a/ @' sprescribed information within2 [9 r: D$ M; l1 f- c, _
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 A& U% o K* k+ ^; o; C9 S% w
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ k& X, E3 F' B1 S1 u
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 J3 y3 w0 a' K% V, W4 [0 e+ U Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ Z+ [. x4 T1 b `" J4 T+ k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* u2 Y+ R2 B! X e; m$ v9 j
this Act as if it were a re-determination under paragraph 59(1)(a) if
8 j w c) e' {(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' g1 U# I6 h5 P: zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
; Y' o8 r2 I3 m2 W Celigible for preferential tariff treatment under a free trade agreement; or
/ j0 d- s$ `( v6 a1 r) x3 i(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% K. p3 e: s3 L/ ~4 C+ h+ \because the origin, tariff classification or value for duty of the goods as claimed in the application is
# Z" j" A$ m* p7 G6 E+ hincorrect.* U; q9 Q8 a9 I5 m w$ X
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) B/ }! k6 Z5 ?/ \( ^/ M$ S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 X' s* _2 ?9 w+ d2 b0 z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% {- K# h7 E5 {/ l# P
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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