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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: q! _* w) g Y; h/ q H
上面说 非商业 进口 可以免关税?% q0 h: U! Y0 i3 t) K
- b% p) a% }; P
$ O w/ _+ p% d4 u
* N, ?/ H" a! r$ Zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' T' `8 {, }+ L* ]1 G: k
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Refund Requests7 x( g9 K9 m: @/ Y* x) W5 v
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who x9 H. `+ ?% w, V
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 B" G" @9 G' ]9 D+ ^
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 S; B) Q* C f8 \' Z
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& o" O, F: r G* `
Canada to the time of release;
5 Y, ]% t- U( @& E4 g6 O& w(b) the quantity released is less than the quantity in respect of which duties were paid;
6 {2 R! k" V0 U(c) they are of a quality inferior to that in respect of which duties were paid;) |1 K. ]+ z/ A" M- B
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ Y5 |+ f) e4 m+ Z9 X6 dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 l$ {3 {$ T3 q/ x
case may be, was made in respect of those goods at the time they were accounted for under+ q0 ?: l3 {1 N2 C; d* q9 {- u) f
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 for5 @8 A! H1 X; v) }# o" a0 r
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 @6 F- i( E( l9 l/ Y. ?accounted for under subsection 32(1), (3) or (5); Z8 _: s2 l& G! Q3 c
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 v( `3 [2 ^; d
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& `# \5 c( C- {. }% b x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% M9 f1 P6 j1 `0 N9 w/ Nvalue for duty in respect of the goods and the determination has not been the subject of a decision% O% B5 }+ m2 P2 y- F8 u n- i
under any of sections 59 to 61;
9 C- {2 t! B2 G9 c- u(f) [not applicable to non-commercial goods];" I H5 }% {, Y7 M, ?& j0 p% Q
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- p% S1 @9 N! m6 m# H: u" y* ](1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 B2 A( Y# W- i& G
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" p/ G- Q6 w8 S5 W% ]$ F+ L* Y: b Hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 z' d. c3 K1 T% d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 u' Y8 ?8 P0 F g; xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.) d) \- B7 R8 E3 A# L5 I3 a
(3) No refund shall be granted under subsection (1) in respect of a claim unless8 i" x: M9 o M8 F; p% ^3 b
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) k" h4 _- |1 Y* Z' p: C# h# [respect of which the claim is made or otherwise verify the reason for the claim; and
' }% P" w2 u. J. O* |3 `2 ?7 C4 Z7 V" Y(b) an application for the refund, including such evidence in support of the application as may be
# u& \# a* A8 m5 vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) Y$ s# R" c2 J" S: W
prescribed information within! f! k2 M9 Z+ V& T, J
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ N* u" h% }1 E( C: s& Jor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
4 w& V$ D5 ~) l$ T(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 X1 a* V% Y" C i. z4 [9 l- D
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' i- t3 }5 j% u6 @, ?0 L/ M(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 k- T. i$ M5 p. h- c. {this Act as if it were a re-determination under paragraph 59(1)(a) if
4 d' W) m$ e X+ [* K: s5 y% p$ T(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& N# {: I. h/ U1 a) P" jbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not, _7 ]0 @1 H/ a2 \, ]
eligible for preferential tariff treatment under a free trade agreement; or. L: h+ ^/ V3 M( L3 L. B' e! _/ u
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 H. X; }& g& C4 Z( u, O) ^
because the origin, tariff classification or value for duty of the goods as claimed in the application is
* Y6 \: x, n+ oincorrect.
6 \' h- D+ f, v: q% N" J(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, Q5 M/ `% l; `) [2 D. F, t. j4 g; `
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 x0 n/ g9 |. {# ?
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
2 S+ L& H% W$ D1 a3 ?" ^were a re-determination under this Act of origin, tariff classification or value for duty.
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3 v: E9 s3 }/ n M! g7 ~" h$ R这到底是说可以还是不可以啊? |
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