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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: w5 U( r3 ]: @* Z1 Z' O2 j7 w
上面说 非商业 进口 可以免关税?5 h1 L K5 m3 `- M3 ^, K. c
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% p6 q) D5 }4 ]( ? Khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf# ]! x$ ~6 a0 h q6 n. [
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Refund Requests7 \ T/ R6 j- @( d
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& R" U$ S1 j& Z2 g6 f+ y6 ~$ kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. q# U' Z; x7 J8 q$ Hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 d- P8 H) B6 N# \7 a9 r3 O(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# ^- R6 e6 ]# _Canada to the time of release;4 ]1 g+ y. c7 ]' e; Z
(b) the quantity released is less than the quantity in respect of which duties were paid;
) n# H& ]# O; E- W. O+ V(c) they are of a quality inferior to that in respect of which duties were paid;
! l2 j# c2 R5 X Y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ {: H; y# e6 j$ F- z+ e( \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( e! H" ~' c) [) b- `
case may be, was made in respect of those goods at the time they were accounted for under
" {) b* p U7 d% H& {subsection 32(1), (3) or (5);
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. Y: A% w7 g- D w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
+ E7 V7 l1 W+ A4 V _" Epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' P0 | Q% p: t6 T; z5 faccounted for under subsection 32(1), (3) or (5);% L$ W% R ^6 y# }! I) c
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 c; n8 S# ]/ A7 v
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ @9 r# H9 G6 x3 T6 O& oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or3 }! P& B& c! R1 V. Z9 ?% i
value for duty in respect of the goods and the determination has not been the subject of a decision
# M/ R# d3 s0 a! Eunder any of sections 59 to 61;7 B0 ]/ n/ K. Q: C, Q& w9 h- t$ \. G% l) l
(f) [not applicable to non-commercial goods];- c/ V8 J4 n+ P! G: j, U
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 ~3 M- }. s* n% a. x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, \0 x% V* w9 Zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 c) o' a9 I0 y& s5 ^! G. othis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' A( X" i4 Y, x0 t. Z7 I
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 i7 ]0 Q( w& E) R3 H+ W/ [" `
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
\$ z! p7 Y J# ~% h(3) No refund shall be granted under subsection (1) in respect of a claim unless, O) Q& B- l7 H8 [+ ~
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 f+ J, L8 j) z6 [& @6 D
respect of which the claim is made or otherwise verify the reason for the claim; and
, p. i4 [1 _2 `" Y0 u/ C% X(b) an application for the refund, including such evidence in support of the application as may be7 A- s# j9 n+ M9 t7 e
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 K J1 n/ A# [3 s
prescribed information within8 r1 Y" L. i% {0 ]! |2 R0 n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ X1 d! W4 O1 y; _ n8 ]or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 X3 ^* t8 K" A% `. t( t [- b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ `" y( Y; m/ y" ~) g
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- ~9 U2 U: Y. V1 D5 O/ E. q3 w(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of) _% @( ^0 Q; H* y. e6 a
this Act as if it were a re-determination under paragraph 59(1)(a) if# Q; m X6 p0 u# G
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( K$ O, h2 L7 E8 B( a- h4 g
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% ?* y Q, w( e& u4 |7 F
eligible for preferential tariff treatment under a free trade agreement; or
+ g8 M% P0 u R9 j(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
* b5 s9 z- m) z; i' nbecause the origin, tariff classification or value for duty of the goods as claimed in the application is( T8 _) ]( `' Q
incorrect.
8 w* ^& {; T; p7 B: e! f( z0 ]" \$ T(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 u9 R8 K0 k k8 r* v: R(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 t- \+ K- Q0 O( W0 `$ L' E0 J
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) v5 d M6 n) m. V: C
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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