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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. W e5 z2 Y! I! X1 w
上面说 非商业 进口 可以免关税?' w; W! E& w# A: G j' T( ^- O
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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& G- U# B V% p, x8 _4 w1 R) aRefund Requests3 _* O5 k* W9 W1 M% T
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- Y; R+ O$ {% p6 |: e' ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ x' \1 m3 Z# ]/ y/ W, R5 L3 Rof those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 q. z7 K5 q1 G
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 O! K. F( r. m8 T+ X9 o4 a5 E- ~Canada to the time of release;
2 i. _9 |0 t$ K4 s/ K2 G(b) the quantity released is less than the quantity in respect of which duties were paid;& f' r* c! q, t9 y% X. j i
(c) they are of a quality inferior to that in respect of which duties were paid;
7 V: h% ~/ a$ ^2 t9 M(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
4 M |- G3 T$ I/ m4 ytariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
3 x T2 n8 Y# N' o d% Qcase may be, was made in respect of those goods at the time they were accounted for under H% R h r6 S' c. t. z' ]
subsection 32(1), (3) or (5);8 @# R6 _+ ?! M2 A4 @2 y: }( W
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& N% A2 F1 Y8 x7 _6 u* F" t
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 ~' K9 n, P5 m7 {. ~1 h8 ?" t
accounted for under subsection 32(1), (3) or (5);8 |6 s" Z7 g1 B' L
(d) the calculation of duties owing was based on a clerical, typographical or similar error;% H5 C4 {9 P' n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), I0 A+ }% r& }2 E+ R2 [ D
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 ~- _6 \5 y0 w& _) g" ivalue for duty in respect of the goods and the determination has not been the subject of a decision
. Y# `/ M! v* M0 c% `* c6 Bunder any of sections 59 to 61;
# d+ a+ J% K* L, P( [7 r(f) [not applicable to non-commercial goods];4 ?$ b2 P: N. m z9 Z5 F+ P5 j/ @
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 F; y9 T W7 k5 c" U/ s8 H(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: Q+ g# ~3 @$ d# w- [. m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ h" P1 W) n" Y4 z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
& H; G+ [3 h0 o# Q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, k- P) x$ r0 L7 ^4 Hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ U3 m; u! X' S8 c1 Q% d+ x
(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 D! e7 A0 @& s! z& }. n$ W* s2 \# m(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& q: ], g( x0 Y; K+ T' M7 }
respect of which the claim is made or otherwise verify the reason for the claim; and1 S$ x4 a8 }4 P9 { Q
(b) an application for the refund, including such evidence in support of the application as may be
* X* u: l; }6 Vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
9 _9 L$ ~. h) o/ Y- a7 s; X& uprescribed information within6 t7 I0 ]. x) W& c; R; `; E
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" ?) {1 z n' I7 R4 }or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 n" \% c5 L. L! r5 U3 E
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 l9 ~1 |1 U6 @# I: G, l2 Vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ ~$ I0 A& Q6 f. L2 w$ I+ |
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! N0 E+ `) X+ ~, c" f( s( uthis Act as if it were a re-determination under paragraph 59(1)(a) if
6 \: n/ ^# J5 ~1 z) Q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 n: k2 C) y5 @because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; @$ A. q }" y {
eligible for preferential tariff treatment under a free trade agreement; or
0 p# s! Y/ R' z4 N. w% _+ q1 X7 ](b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. y% ]9 M: ]& i
because the origin, tariff classification or value for duty of the goods as claimed in the application is
1 I- \! l' }7 D3 B7 Hincorrect.& f& y, d% z( l& C) M* ^
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ D6 S5 F% t$ U1 `7 M( d# m; d7 X, F
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
g$ X6 [( c, r+ S8 i, Bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 ~% j1 m# y& j# C& h2 ?
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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