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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( H. p U6 @1 ?# {) Z7 i% v0 f
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.pdf3 e. F8 u+ g6 x* l: R5 U
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- n7 L& c+ _2 g# V! BRefund Requests
B; g; w! E1 s- p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 S& f( C1 j5 G5 Tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part2 B1 [: r- A. k% _1 q
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 D6 ]7 \5 f: I" h
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: t0 C4 g% n5 ^: [0 K, c J9 ?, ICanada to the time of release;6 _# D; Q$ a# m3 A
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ B# V a5 m( H9 O(c) they are of a quality inferior to that in respect of which duties were paid;
" [/ e9 V+ E$ L6 b e D+ b y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* |$ N% {9 ^. r* D' Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& w5 W& s$ i/ e3 }7 |case may be, was made in respect of those goods at the time they were accounted for under
) Y6 m' s% M/ C! F& e7 T0 w% jsubsection 32(1), (3) or (5);+ ^2 E5 N3 a7 C: N3 |% l
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; P- L4 X! a. b3 u
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" @; _5 |8 z; e( haccounted for under subsection 32(1), (3) or (5);
( M) X2 D2 p7 `/ ~( |% ](d) the calculation of duties owing was based on a clerical, typographical or similar error;3 N3 j. v9 f3 D, Z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) f' @, X3 i$ B1 a) C' m
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ ~; D. b/ ] l9 G6 R
value for duty in respect of the goods and the determination has not been the subject of a decision; p! v2 k* j0 j, ?
under any of sections 59 to 61;
- f3 m* \- [3 u0 Q(f) [not applicable to non-commercial goods];
" |" {- p, g# ^5 i7 S7 }(g) the duties were overpaid or paid in error for any reason that may be prescribed., [/ W8 M4 X; G8 _. ?
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 G! h+ D$ w$ q- {: w7 Z3 i B$ L" kon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ ]/ r9 A9 G& ]( X9 [' Y) Jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." x* v% O! D3 [+ T* m- s
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 _( P# V9 f$ J7 Eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 l! a- g& T7 d+ k% a
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 Y3 K* N/ v( \) V8 _* U
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* X9 r; ^* _8 M% c9 Vrespect of which the claim is made or otherwise verify the reason for the claim; and
. }$ K7 d- O% o+ b$ \+ Z) P2 @6 g(b) an application for the refund, including such evidence in support of the application as may be8 e+ ~ w4 W8 E4 I* [' d: C' C
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 m: t- s, G* |! Cprescribed information within
- _3 g5 _+ r8 _; [% \2 v$ D9 ](i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" J( E4 t) [! Q9 N) |! Bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% f. N% e- T5 b" P% C, Y
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) ~+ T/ y+ \" {- _, _0 @/ |were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 z2 x1 t6 p" p* a
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" L2 u* v" P. l% Q3 v, t* Rthis Act as if it were a re-determination under paragraph 59(1)(a) if
/ \; O! F7 b9 b$ `+ `( |(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
0 Y& E0 z/ O9 L. C$ M. rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
+ l/ `0 @! f5 {; |9 ?. }eligible for preferential tariff treatment under a free trade agreement; or
9 ?' U# i/ S7 u6 _4 {3 o(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ o" w3 t" O( r4 E8 T+ j( mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
( M9 Z, Z% V! A o; F. Bincorrect.+ z2 G* ~4 T. Q. s! T" w
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e), w( @/ y3 e) n
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 Y) F5 V. v) k5 }other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 Y- |( D8 m) f9 ]
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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