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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 e# J0 J3 i8 _9 [' p) L
上面说 非商业 进口 可以免关税?' r- R% _ n; i- S, E4 C# c
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ H( M/ a+ ~0 i( S
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Refund Requests+ [% t2 v9 E1 m
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% e3 K6 ~, I! I9 upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part h+ {: n8 `$ T, |2 ^; x8 f
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. o* h/ d! K: u. k+ e' U% T( u(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: w" E+ X3 x' @, J4 U, q9 K
Canada to the time of release; ~$ O0 ]0 _+ {+ }' k6 C% e
(b) the quantity released is less than the quantity in respect of which duties were paid;
+ U/ j$ r& \' G) ](c) they are of a quality inferior to that in respect of which duties were paid;
( f2 c" y. c, c, O" |" p6 V0 _(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- d! F- d' H- S0 {tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, m4 ~8 e& o9 T' Y& u0 {
case may be, was made in respect of those goods at the time they were accounted for under
( a" y5 ]8 W" {$ n3 D. l% M1 h' Csubsection 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
; k5 d1 p2 `6 t8 H; [1 Qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ T4 _( R$ d' I/ {/ ^% x2 W `accounted for under subsection 32(1), (3) or (5);3 C$ Q/ a2 S9 P0 Q0 o/ Y
(d) the calculation of duties owing was based on a clerical, typographical or similar error;; ~& P8 b+ p: g: f
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
/ y! a! U3 b4 k. ~of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 e" j0 K2 [; B( y; p
value for duty in respect of the goods and the determination has not been the subject of a decision
: t& s, B6 R6 t( K& S: q& hunder any of sections 59 to 61;, G: `$ T( \3 Q* H
(f) [not applicable to non-commercial goods];
, H! ?1 Q( g& ~4 z# @' n1 }(g) the duties were overpaid or paid in error for any reason that may be prescribed.# l* {" b, n! i9 \- b' q! B
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: E4 D7 @/ R/ n& C% |: _
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" s7 q' ~6 h1 d5 L3 J" ?
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., Z1 X( Z1 e9 W# ~
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ j& D' r' i! `5 H* o7 k
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.- {9 o8 X( }8 s' Q: d, w; }0 q
(3) No refund shall be granted under subsection (1) in respect of a claim unless! r$ W* q. j7 x9 W, y/ I
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% q b9 [5 o& t
respect of which the claim is made or otherwise verify the reason for the claim; and. S' N. }+ _) I' I- z! U% j5 N
(b) an application for the refund, including such evidence in support of the application as may be7 a1 K* m3 I) d; K* O1 S X
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, S4 M( s* M K9 ^ ?. k5 w
prescribed information within# h& m. L/ u6 U7 T7 g# C
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) [9 d% F/ C! y: g; a7 `9 s& wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* z4 \% J; W6 T, J$ e& d) V(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 z. S( a7 }( e7 Qwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! w% W: l4 N. A" @; O0 E(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' o% k6 R# w* E% ^1 e: Qthis Act as if it were a re-determination under paragraph 59(1)(a) if6 \9 r& E- x9 L9 Y, u
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: t! ^8 L$ `* X0 L3 Y) {because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 O, L9 C+ l+ ^; W1 T5 n7 N; n9 geligible for preferential tariff treatment under a free trade agreement; or
- c& W% v0 t( E! |4 v* ^(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 X4 M4 r' ?$ c" m
because the origin, tariff classification or value for duty of the goods as claimed in the application is
8 m" w" y; D9 B! a$ Y' m7 tincorrect.
( u' U( z) C7 j/ F) o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 F. G0 x Q- _/ A' e! g(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 \1 L4 C, `, r6 f( k1 f6 N5 a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, E+ v+ y/ G6 N* M3 twere a re-determination under this Act of origin, tariff classification or value for duty.
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0 t ~, x% e7 N$ d& p% P8 Y这到底是说可以还是不可以啊? |
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