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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! B8 f2 P* S, y5 `; }$ K0 A
上面说 非商业 进口 可以免关税?2 W/ F* d( i- l! y
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf4 D, P1 x+ e% }5 F! p
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Refund Requests6 V9 H& s. n7 O: z: O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* U, C( A0 }- S! \) ]paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. \; D9 k0 ?& D! U/ B R8 f
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
- B7 T1 d+ J- J: [( u2 E(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to4 m6 v1 u1 K9 L: X! B5 |4 U
Canada to the time of release;1 ^- u, V5 y% o3 h
(b) the quantity released is less than the quantity in respect of which duties were paid;. G% s, |% |/ s# [: J- R' Q3 O4 f3 |
(c) they are of a quality inferior to that in respect of which duties were paid;7 D( q# Z: n# h
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: P" y* u$ p2 \/ \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 e2 b7 l1 @8 M2 b" ^7 w
case may be, was made in respect of those goods at the time they were accounted for under
/ Q/ |- x/ I- F1 q g* Ysubsection 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
, v8 @5 b) |; b: \- opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 d0 U! i" B2 i& H( `, S* g u
accounted for under subsection 32(1), (3) or (5);
8 F0 K/ I. s D, E8 B# p3 v0 ](d) the calculation of duties owing was based on a clerical, typographical or similar error;
& {1 \- a; x, v3 ~) F: _(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ S- q: b j8 a# v, D: b
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* T- A2 @6 d; t# E! L5 }" D/ @3 _value for duty in respect of the goods and the determination has not been the subject of a decision) B" e# o/ n# B' h! X' c! N, I
under any of sections 59 to 61;1 P9 @# S- {4 F, p2 S+ V
(f) [not applicable to non-commercial goods];
% Q4 I+ T6 ?9 F1 z" B+ d(g) the duties were overpaid or paid in error for any reason that may be prescribed.. U* n3 S" L7 u! U, a, C2 Q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ y/ ~( q9 R/ P1 gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) |# e9 E# I) F2 \7 }9 j
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 \, `# E/ D6 K% J* [(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 @0 E) ?5 }4 J( c! H- b6 I
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 i. T9 u$ ` N9 w
(3) No refund shall be granted under subsection (1) in respect of a claim unless
: J6 {5 {8 V: L$ @(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ }, W' U; V' K7 {6 O
respect of which the claim is made or otherwise verify the reason for the claim; and. _- @# _% t3 \; t
(b) an application for the refund, including such evidence in support of the application as may be
( ~" O8 O& v/ Hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- U; ?0 l6 \/ o, G/ y0 d4 iprescribed information within
/ b# J4 a* k$ {2 Q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ y- D& n7 I5 Y2 E. i6 R2 l
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) W) s" @+ D4 T& V4 N' t5 |8 n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ w& e: L1 D2 ^* ]0 W( y& iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ J. c/ O7 S. g$ [(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! p$ y' O0 v$ f) z2 V0 x, Qthis Act as if it were a re-determination under paragraph 59(1)(a) if8 n7 L- D4 r0 v# {5 O- I! Q+ R
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 n- G$ A/ N) d" f5 W4 W
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 d$ Y; Y& a$ W. L& c0 K: m
eligible for preferential tariff treatment under a free trade agreement; or, z m, V2 h- t
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 k6 ^" K! A7 a9 s
because the origin, tariff classification or value for duty of the goods as claimed in the application is
& J! E) V$ p, H5 Y) Jincorrect.
% ?+ I2 r1 C) Q$ E(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# V- t/ u9 ^! V
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground1 Y. V( c% N) G7 R. x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, M6 N' T2 r/ o' ?
were a re-determination under this Act of origin, tariff classification or value for duty.
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% k7 u9 l. z! ~; }& V$ j: c这到底是说可以还是不可以啊? |
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