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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 t' e6 J/ b1 n6 S, @/ ]
上面说 非商业 进口 可以免关税?% F) p& e/ I, a
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' h& N% v: i9 D/ _. g% Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" O; h J9 y( \) j! Z5 b
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5 C/ B. |6 J( T/ O7 yRefund Requests
& Z; b7 e1 [" g74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
+ N# G" o- a5 N0 E$ upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 H# V4 L7 I1 y) i+ y2 Qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 Q: y1 e7 y4 j# F! N& b(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 z' q, Q: s! p# V* fCanada to the time of release;2 y( s2 U8 i7 ^5 t: k" b' _2 r4 z
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 L- A) m; p2 k(c) they are of a quality inferior to that in respect of which duties were paid;$ c7 Y" {; B% M* y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ ^8 h, G! Z0 a$ K# S
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& P/ ~4 b! _8 [( D% u
case may be, was made in respect of those goods at the time they were accounted for under, [/ L% M8 g" T, ^
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 for
( R+ C2 I/ u/ r0 wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, d ^6 f7 F' G: u! Paccounted for under subsection 32(1), (3) or (5);2 u) ]0 E9 n$ _: d* x5 x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 d' R/ o: j0 u# G: B& u+ Y' _(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% H' ~7 C) p Z6 Y' u i1 _of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 S3 d3 H! j! C z- T h
value for duty in respect of the goods and the determination has not been the subject of a decision
5 w' c2 p Q8 a, q. Runder any of sections 59 to 61;
" ]0 a9 S: O3 M; p7 b(f) [not applicable to non-commercial goods];; B6 P6 j! \8 |, Y: c7 o+ m
(g) the duties were overpaid or paid in error for any reason that may be prescribed. c( d4 d4 p4 Q9 O- j0 K4 }
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" X' ^ U$ w/ @% N5 |3 `& A6 @) g% s( m. Xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: U" d4 d+ D5 hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( b7 \/ o1 K2 c! }# ?' ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; M7 {0 O$ w& Y' U9 tunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
0 X: C5 k$ u& ?7 v(3) No refund shall be granted under subsection (1) in respect of a claim unless! u# W$ m2 l9 l: ?
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# K/ x" i# J" U! a& }respect of which the claim is made or otherwise verify the reason for the claim; and
( j9 i* }7 f' r( d# B) l(b) an application for the refund, including such evidence in support of the application as may be1 {( u9 {2 c1 q: r: E, P; L* G
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
* I5 N# F7 v% D3 J5 M* R. Mprescribed information within
& O# C- u* V; F( J. N' s" F3 ~+ q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- s$ f4 {( g3 \9 n' u
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 x5 \3 k. s- D! v% z7 `
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' N& j1 r0 r9 \% G4 C( i7 j- Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# p! M' G/ J( _+ I5 Y" s' A$ A(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ e4 s2 c4 @( R s4 o+ w
this Act as if it were a re-determination under paragraph 59(1)(a) if
# b2 x4 L- F+ y/ G4 c+ z8 K. t(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ N/ d# p& m3 p( \; |because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# ^, q- e$ u) Y+ F2 n( Z- _3 Zeligible for preferential tariff treatment under a free trade agreement; or6 l/ g, Y- d- z/ H
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" I) W4 f( D9 v/ p0 T6 d9 abecause the origin, tariff classification or value for duty of the goods as claimed in the application is9 k. G/ F2 _* B9 U' \/ n H! G, q
incorrect.
2 R, k$ M1 v+ u4 w1 _. x( `! g(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: k8 t. @5 }5 f
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ N) c @; t. s4 @9 ]# }; }
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 W: p& j4 [4 C8 j0 r8 X# j
were a re-determination under this Act of origin, tariff classification or value for duty.
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+ A5 i4 ` Z. L* v6 u7 O这到底是说可以还是不可以啊? |
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