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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' l3 W& e( U6 x4 P# E- k( ?! V6 Q
上面说 非商业 进口 可以免关税?
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+ s5 z& n8 H+ H; b6 G: w( dhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 \ n' H8 V y) p( I
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Refund Requests$ U9 y" B6 S2 }3 y* u
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 I; j# E' M' R. t3 lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ j2 W, R0 `+ G% M8 Q1 m& Q' b
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) y. j- _5 o0 y, S8 q6 `( ]* h
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: X5 p# S$ e- t/ H% G
Canada to the time of release;
$ A) k' ]0 I8 H4 s. j(b) the quantity released is less than the quantity in respect of which duties were paid;) [1 ~( Q3 g' d$ ], ~
(c) they are of a quality inferior to that in respect of which duties were paid;
* ^0 L6 K& p) Y" S(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# \( C8 ~! x2 I; K" W+ g; `! ?- ~tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& P' N8 L3 W7 [+ [. m
case may be, was made in respect of those goods at the time they were accounted for under
6 n4 E& c6 ` ?+ q* y4 u6 h7 C- l" f# rsubsection 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
& U* O# e0 r$ H4 Tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ {1 ~+ e) F# ^0 U4 I- p
accounted for under subsection 32(1), (3) or (5);6 u# x# | ?3 L0 G. u/ B. e% O' p3 y- v
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ R& O: P% X* A* M8 K(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2); K, B6 e: c1 _$ h- P& k
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ e; r" i. ?0 h! `
value for duty in respect of the goods and the determination has not been the subject of a decision
( g) ]8 Z0 V, S3 `6 Gunder any of sections 59 to 61;
# O+ E9 F5 g* M/ T- c" m7 A5 J(f) [not applicable to non-commercial goods];
" r Q/ A Q9 Y/ P7 z+ Z) `- i(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ c9 O3 r( _1 Q3 ]
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" J8 { i) b( y% n
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; L; A- p. l) F
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- ~$ n8 [5 q' {( P. @6 D(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- t. X$ t: b( i4 l
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 G2 ?+ q/ ~ n& M. Y
(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 i9 v; Q& k, O0 O5 f- w(a) the person making the claim affords an officer reasonable opportunity to examine the goods in0 D& j5 _9 j& }2 M7 _+ K
respect of which the claim is made or otherwise verify the reason for the claim; and# w; O3 @1 k1 N* s9 I
(b) an application for the refund, including such evidence in support of the application as may be
. n" b2 z# ]$ F& Wprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% i- C, ~4 u9 Q, u8 eprescribed information within5 S0 i: ?& u, P1 T6 ^ q2 a
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' D3 b! y- W0 N+ R5 R1 Lor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 }3 h9 E3 Y, f' R; |5 y# K7 M
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ A& l# ~4 j9 n
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 M. e5 u& [" H
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: ?' y6 K. r# c# i% t0 B5 [: q
this Act as if it were a re-determination under paragraph 59(1)(a) if
% u ?' W2 F4 b z8 M$ R(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( H4 q; M% j- ]) ?& rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 d* v( |5 e7 V Teligible for preferential tariff treatment under a free trade agreement; or6 ~' |6 ?4 Q* Y+ S
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
- F, `4 D8 e5 F) E+ O; Jbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
. n( ~( R% Q8 [& J' i! q! U7 vincorrect.1 c& O; b& {7 r
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e), {, p; l' }6 z# e0 m1 m# J8 _; v
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* P. G0 C& C! H' h. gother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 B3 F1 O% Q% h' `' T
were a re-determination under this Act of origin, tariff classification or value for duty.3 T$ T* e" F: e; ~5 o2 `
# {4 y' Q# p8 \4 F: z" {这到底是说可以还是不可以啊? |
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