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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. h0 m; ?: ~9 _+ H( q3 \+ V
上面说 非商业 进口 可以免关税?
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8 d1 w7 e$ a8 X# nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 O: T* j* l7 b
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Refund Requests
/ }0 U/ z" n+ P# S4 s74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 Z3 k: M- Q( }+ ~, L, b0 E- Q, Vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 @: t- I9 `" ~, X+ kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 a0 V. m( k2 u2 U* w. C' I! l7 K(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! \% a* y3 [# a9 J5 |; h
Canada to the time of release; f* b) v* x& O% i
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ Q- I" F' U- v) z0 Y. i1 E5 [0 u6 f$ f(c) they are of a quality inferior to that in respect of which duties were paid;4 p) {6 H. }# U. B7 t
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" y; e5 K, e5 x) Z7 [8 V% f. b) Ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" R- b) A% i# x' `% x
case may be, was made in respect of those goods at the time they were accounted for under
- J9 n; Y1 K$ n' I3 usubsection 32(1), (3) or (5);
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( z7 ]- J& A' _2 M) Y5 {(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for$ g0 b1 }0 R! w J
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ x1 [6 s _. |' [: x4 z8 ]accounted for under subsection 32(1), (3) or (5);3 _: C s# ~/ f
(d) the calculation of duties owing was based on a clerical, typographical or similar error; t) ~# [* a" t9 v
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: ?# a v. }9 ^& Jof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" l3 Y) |8 F) avalue for duty in respect of the goods and the determination has not been the subject of a decision
6 N. F% G v( qunder any of sections 59 to 61;
; w" C% S' H9 a' F* f(f) [not applicable to non-commercial goods];* q4 \6 C! I* i8 y1 t! Y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' k0 L7 X* ~" }. H& ]& G
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: p" F9 t- z5 ~2 {' M
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
8 ~; a k3 |1 h5 m; Wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. N. b1 ?" h8 P4 U/ d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ U' s8 ?) }8 j0 I! }* d& x
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 I7 N% R3 e- k: T9 A3 s: W( r2 |6 n$ U
(3) No refund shall be granted under subsection (1) in respect of a claim unless& h0 n) m; T; e
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
: z% d" s0 s% p s+ Vrespect of which the claim is made or otherwise verify the reason for the claim; and* |0 n$ z3 z5 z0 S( n
(b) an application for the refund, including such evidence in support of the application as may be! ]6 B: p1 B$ O( W9 W. h/ l/ C& r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% v+ M8 q. v) ]% t& Cprescribed information within! A7 ]6 y6 I' M5 ?+ {; F7 H0 z
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' t6 c! q; O( X$ L
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 D% E" ]+ S. Q' h7 g
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ y' V1 i) V R* N& z: x3 f0 \; @! m* Q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ A2 O6 I, ~2 u0 M(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; V O- h; C% j8 Zthis Act as if it were a re-determination under paragraph 59(1)(a) if
- _1 s" b* a! N(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' m( n4 `+ u0 mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 B K# l) ]8 c% t- T
eligible for preferential tariff treatment under a free trade agreement; or
( D% ? E/ j3 N/ x(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 f X! v' }8 m, ~9 [6 K
because the origin, tariff classification or value for duty of the goods as claimed in the application is" P( o5 K) L% ?8 p2 S- X2 u6 F
incorrect.
4 Z4 [1 w; R! n) K) s! [% F$ n(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! j+ N9 d5 Q0 T1 O' G, N# `, Y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground. t- h+ s; `, g- C& O k
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ `( K1 x# e3 j: c: |5 f) p
were a re-determination under this Act of origin, tariff classification or value for duty.1 h+ T2 ^8 v0 \
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这到底是说可以还是不可以啊? |
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