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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% g! I6 D) ?1 h6 }7 j
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 V8 n& O0 H# u2 `# P) x5 @
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$ u0 A5 U! x( n$ qRefund Requests
0 N6 i$ }' S- y8 k4 o74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 i; q; T+ Q/ _) h3 _
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" v$ D* q$ ]1 R: F: lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if, f4 u/ Y4 [! T3 T$ o+ W; o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ [. M0 T2 o( r* ^: S8 d
Canada to the time of release;
9 v7 Z" s4 g/ }/ ?(b) the quantity released is less than the quantity in respect of which duties were paid;
2 x3 s/ m6 S3 q0 _) F6 p0 O7 ](c) they are of a quality inferior to that in respect of which duties were paid;" O& S; E) E d! D1 m8 {6 o% S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential' U; m. q8 t5 N3 t/ @
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) [! z" q; Q' pcase may be, was made in respect of those goods at the time they were accounted for under$ R# W- ]% E, k9 T, }8 U2 b
subsection 32(1), (3) or (5);" W* i( Z7 w1 m: `* z
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 B7 G: ?8 N4 M! O- ~# a- @- Kpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 f2 Z4 u) E! ^$ R; K" n( q8 C* taccounted for under subsection 32(1), (3) or (5);
. d& p4 a- @, y# z, C( I(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 K+ t4 W$ E2 f- K9 S3 Y( b: l(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( V$ ?& j, \9 ?2 p- T
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( Y6 T$ {9 v0 a7 E7 p; g0 k
value for duty in respect of the goods and the determination has not been the subject of a decision
1 N! Y( s' H/ e6 q, Tunder any of sections 59 to 61;
4 r5 r2 t) ^( X* U" Z: q- |4 k' H(f) [not applicable to non-commercial goods];0 n) G$ g0 ^: K' h$ L% p
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ |0 H* A0 }0 z- i(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) c/ |& Q" X$ ~ q2 S
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" _" s! E' [6 s4 V8 M- W1 j
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( J2 `: l4 S& s/ {" j; {(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) c; B' a' I/ e+ O# D4 Z: H
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* |* \+ d4 I7 M$ ]4 \0 |(3) No refund shall be granted under subsection (1) in respect of a claim unless, T L6 d. e/ c! w) N% n4 R
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% r: j- s2 O- r
respect of which the claim is made or otherwise verify the reason for the claim; and7 `0 H3 O+ { G* x9 }, [7 }$ |
(b) an application for the refund, including such evidence in support of the application as may be
8 {) [" g: R$ N; O* g' vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: t m0 W8 h7 w: p( Q) O5 l
prescribed information within- Z* C( u* _) m1 g8 Z3 X& \6 ^
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), n& F9 `. l& w9 A8 ], L7 `% n
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' K. ], r$ c- P9 I$ ?(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) Z2 k2 d4 I( K; T" Wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
4 c( `1 D. u* n, ~8 ~(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of Y% f; [9 V& k1 ~2 ^% f4 S: @
this Act as if it were a re-determination under paragraph 59(1)(a) if
% S: V3 P* m: o2 K; Q U4 e(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied- A! i* Q; W( ~4 s
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 F) C0 b+ ^+ ^% L
eligible for preferential tariff treatment under a free trade agreement; or! n1 v t( v1 a
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 k" o) n! M& {4 y9 E$ k {! @
because the origin, tariff classification or value for duty of the goods as claimed in the application is
m9 R# T/ @0 Z& G5 w$ d( h) ?incorrect.
; b# E7 Z5 ^$ T& q3 T(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# j( _0 u7 e {' P" J! J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% U0 | Q+ [0 N4 \6 F1 cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' Y2 v! |/ I/ r- M9 z6 ^
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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