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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! p, a( a+ D0 A L- q% W4 U5 H6 R$ f* G
上面说 非商业 进口 可以免关税?5 ]( _' ]" M& e) C S' y+ A
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! g* O: h: e4 Z3 b! jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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$ M( N0 Q+ V1 P. ?" _% w* CRefund Requests
$ d7 u0 b% z0 X9 S4 y0 T* D74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* g/ b9 k" T0 V; I$ U+ B( B9 jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 k& F# U/ K. xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ O/ s3 X; M! g4 u: Q8 ]6 g+ y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' g' ]. g" R8 qCanada to the time of release;
" f$ A9 k# j: h( I(b) the quantity released is less than the quantity in respect of which duties were paid;; U9 h3 a/ @3 j" V; U
(c) they are of a quality inferior to that in respect of which duties were paid;* N. j. B& `( L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, L" s, t/ j! s* k$ ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 g+ H3 O. J8 S0 e' `case may be, was made in respect of those goods at the time they were accounted for under7 b$ U3 }3 r% z9 c2 N
subsection 32(1), (3) or (5);% I/ V" u5 e( d% d: Q) d7 u
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+ ]- _8 [- t/ b(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, D; {+ z' F* Z/ w+ A& ?! y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' f* {: X4 K0 W( ?. uaccounted for under subsection 32(1), (3) or (5);
! f$ t" j; Z7 Q7 K& @& B2 J(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: T2 R! ^8 T4 ](e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 z" `* R' b' [- U3 X% Xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. N' M: G% N6 O# L3 Q" e: Lvalue for duty in respect of the goods and the determination has not been the subject of a decision7 A- S! G- x# B9 X- @ [
under any of sections 59 to 61;3 O* G, |# f6 o" c& A
(f) [not applicable to non-commercial goods];3 ~! C4 |7 \6 J2 c8 E0 f# b! g6 N
(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 v( p1 s- v* W: t" t6 B8 ]( P- q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; D+ z& h# r: r0 @0 Z8 ]
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of0 W- w" M& J2 D& i1 t$ m2 s
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- i1 u/ r) V# z, U5 l5 e
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 p3 Q! }6 J d! X( r9 junless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) \, D, n3 O. _& M) k(3) No refund shall be granted under subsection (1) in respect of a claim unless% Z2 C/ G* L6 V5 P _- P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 H$ N' W4 [2 |* u5 q( `8 E
respect of which the claim is made or otherwise verify the reason for the claim; and( ] S4 h% o; z! W
(b) an application for the refund, including such evidence in support of the application as may be
* T2 B+ d7 q& g! x5 u9 Zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 }7 Q; N( C/ q% D Gprescribed information within+ u/ D. @4 D- r, I" e' I8 g# u9 Q( C
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% `" o T+ S- h+ i1 c$ s! f! Ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and! I7 N6 _" G: [( D: V$ V4 W: t
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods$ T# U7 }! `. A$ v' ?$ Y. N8 s
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 b) r k% q0 Z5 b) [, J(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! k2 d" p8 S- _' Zthis Act as if it were a re-determination under paragraph 59(1)(a) if
9 b8 @# m4 b' d: z. s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ V$ \( r0 @' Wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# h( {1 {/ Z; c% D
eligible for preferential tariff treatment under a free trade agreement; or
4 h" u$ Y2 ]! D8 |' Z4 y# F# `(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ \' |. R9 ^: S' f' K9 o
because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 r' A$ M; a& S1 _: g3 Xincorrect.
{8 j! F- J+ f9 R, |+ S(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 R2 g3 g7 P- ~! [9 ]
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- K; v. i, a+ A4 E6 ~
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, V+ n# a* N4 c: T& ywere a re-determination under this Act of origin, tariff classification or value for duty.
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$ u& g/ q5 H9 U; z1 G$ s这到底是说可以还是不可以啊? |
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