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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 E4 M. G+ u9 Q* b4 g
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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2 l) L; Q, H6 ]0 HRefund Requests4 W- D3 v4 {3 U
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% U8 b8 c9 h( ^paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ t' F/ e' N2 o! aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 d; I" S' K1 O' \0 @/ [
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to6 t. s( f* x: b
Canada to the time of release;$ w4 F) U! u: g
(b) the quantity released is less than the quantity in respect of which duties were paid;5 m* G9 y7 x3 k6 j! k' o, R
(c) they are of a quality inferior to that in respect of which duties were paid;: R5 Q1 W% @) {! P# q" v K4 F# \
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ `. G( a4 \1 Z9 c/ etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( }6 O6 e# b# r0 V+ Pcase may be, was made in respect of those goods at the time they were accounted for under* y8 }1 @5 m; X& E7 N
subsection 32(1), (3) or (5);0 }/ \( Q+ ?+ f' q7 Z2 X% o
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 p; L3 P! Q2 b" ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are' f, n: O: g- _+ W
accounted for under subsection 32(1), (3) or (5);! d f& v% H) W9 r/ D
(d) the calculation of duties owing was based on a clerical, typographical or similar error;" e) o; @9 r+ ^1 e; z" n6 Y, e
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ ~+ l) x% m7 q/ @4 H
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
, }* A4 Z/ B! l% c6 n1 D" c3 zvalue for duty in respect of the goods and the determination has not been the subject of a decision
0 R# \7 L! o- _4 Bunder any of sections 59 to 61;
+ `6 G! l& y- z% ]1 E* Y1 Q(f) [not applicable to non-commercial goods];% x8 w8 [3 B) h& G+ s: T
(g) the duties were overpaid or paid in error for any reason that may be prescribed.% F( j, u) W# ~6 ~9 J
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* ?' k O, ~% \, b b" f5 k L
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ E3 G5 ~9 Q& _: U, I$ P% Lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).: r. G. C$ a' }8 B4 B0 |5 w
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
" d- R: i2 b$ ]unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& L2 K- O+ k8 t" z(3) No refund shall be granted under subsection (1) in respect of a claim unless' n# ]9 e+ I+ }1 H! P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 ^4 h& s9 b6 q4 E
respect of which the claim is made or otherwise verify the reason for the claim; and! [% q" ^9 G: c+ b# b
(b) an application for the refund, including such evidence in support of the application as may be
! m4 l( }$ f' ]+ Q2 q4 I6 N8 A2 Hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! c' G' [1 a2 v4 @ O
prescribed information within. v' _6 e p+ Q/ D) k( u& L
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% s$ I3 S+ d! Yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& c$ Y4 a/ w+ O3 d8 f9 _% R(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* m7 K5 k6 [; s4 W2 x9 h; i
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# {" F' a1 T7 T1 q8 O6 @8 k, Z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 R' L, d) l5 J; G2 g
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ G7 w6 m$ o; S* v- U$ b% M4 ?(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' j6 X* }5 d A( ^5 p& b* Kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: ?: Z% }; |5 h
eligible for preferential tariff treatment under a free trade agreement; or( Y2 Q; z$ J# z$ {( I8 D! K
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, ^5 W* p5 I9 O# T0 B
because the origin, tariff classification or value for duty of the goods as claimed in the application is
2 E- a, |) T! W6 L# d. s* Eincorrect.) E% w2 l1 U9 p3 M/ D
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 [2 n9 K& B# E* Z5 T(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" T9 X) j# r6 z- p: c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
2 M3 P8 i3 J4 r: d4 ywere a re-determination under this Act of origin, tariff classification or value for duty.
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3 U3 T/ ~* x( `4 v" B6 K这到底是说可以还是不可以啊? |
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