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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: M8 ?/ _* L' S9 u; p
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.pdf# g; \ b% A& i6 O
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5 {6 F* i. w0 h* V" p7 w+ lRefund Requests- I9 A9 N5 ^3 s" V9 w& j8 k; P8 R
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& Y/ z& p! B& `( s) d H, y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ [5 F. M3 i" k+ T: b
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; {9 b t/ s8 ?. I' d& u+ u(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 V5 l. T) N( x) Y" ]7 ]0 uCanada to the time of release;. y# Q, B- Y: ^% r, [. _
(b) the quantity released is less than the quantity in respect of which duties were paid;: `( _! F6 [: e
(c) they are of a quality inferior to that in respect of which duties were paid;9 ^1 L2 B, [/ Q* Y3 U
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: p% }# }/ H5 Ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 z' h# R/ M- Z: Y* @5 H
case may be, was made in respect of those goods at the time they were accounted for under, o9 I7 p/ Z8 {9 C$ f- I9 ]
subsection 32(1), (3) or (5);
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8 U0 D" M: h! X0 t7 \$ O3 N(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) I* n6 q$ |2 a) e3 I# hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
( [, ?% R; _' c7 {accounted for under subsection 32(1), (3) or (5);
* Q( Q( n7 @" Y+ d% D(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ D* ~( G1 K1 P5 p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' b7 Z1 @2 E' m/ \/ ]. X2 X! a `" I
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' o1 t, p7 x6 K& T& ?/ b6 nvalue for duty in respect of the goods and the determination has not been the subject of a decision
6 E$ K' f/ a& X6 A9 T- Z: Zunder any of sections 59 to 61;
' {' B& v- y' D7 R- Z3 `(f) [not applicable to non-commercial goods];$ S; I% G( S% n$ k. x% ^
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
4 j1 Z4 Y- v5 K- }# M(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 T! v( c- b( S
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ Y- R3 M( Q ?3 @" R* h& L& q5 ?this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 f( N: ^( r+ B# z6 T) r4 X& v; n(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* E$ z" N8 K! m' ]unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: Z* k% k+ I8 U8 `(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 b7 f7 X S2 H( H(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- j5 g s: d) h$ q
respect of which the claim is made or otherwise verify the reason for the claim; and e% W" g0 K$ ^: @6 ?& N
(b) an application for the refund, including such evidence in support of the application as may be6 \; A' ]9 {* ]) G7 K6 k8 U `
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the- y1 ~6 p' ~* I* r2 v
prescribed information within
* P0 f% C5 P2 r p1 M1 ~(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" P* d2 V3 [$ T9 g; for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: Q) n, s$ J, P3 ^9 h# v
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# E6 v6 u& R" E; r
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# k+ M% _5 S$ l. L! ]$ T8 k5 y
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
$ }1 i+ @* Y$ Z: M* q; J) Gthis Act as if it were a re-determination under paragraph 59(1)(a) if/ G( s7 j5 U, `9 u; {: q& [
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 G% ?* f6 x4 O% F6 B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 ~% Q0 x9 X( m5 |+ `1 y3 O* j- _: T8 \
eligible for preferential tariff treatment under a free trade agreement; or: H1 C/ k' {1 e8 Q4 t: L3 ?
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ o3 I; c' N' t: w* k7 K) fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is2 f3 _7 W, H4 u' P; c
incorrect.9 A! ~+ C7 ?$ C$ q. l
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 D+ Y; y4 d0 L O4 ?# A
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground L: p/ p: c# u4 p) W8 a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" I2 b7 c( d- x) c* M' P# s
were a re-determination under this Act of origin, tariff classification or value for duty.) u7 g/ `( b7 K$ | g
1 b9 Y2 @7 M6 d1 G这到底是说可以还是不可以啊? |
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