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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 E& N o( E+ D4 X
上面说 非商业 进口 可以免关税?1 E- K3 m. O( V, b \0 k# d
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, k, `) P& B& O7 @$ m
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4 q% w+ v( e; O0 e, |% t% w/ l% FRefund Requests
`( q) J& |' _1 ~+ n. I74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 I( k$ |! \* C: r$ c. q
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ R: k* X: y9 b0 Q$ I9 e5 q5 l
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if* j- ]4 h' c' Q& A4 [; }0 m& g' z( m4 l
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' i2 w1 ?* [3 V! v, f8 pCanada to the time of release;
$ q0 @4 s N- K L F(b) the quantity released is less than the quantity in respect of which duties were paid;
" N; d* I7 P" s* p8 S5 R(c) they are of a quality inferior to that in respect of which duties were paid;
8 S8 f, s: o0 Z N6 p1 O(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 l* J2 I6 Y+ Y5 n
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ u, U' z5 J6 {1 i, Y) |case may be, was made in respect of those goods at the time they were accounted for under+ |* m6 F3 U4 T' t
subsection 32(1), (3) or (5);/ Q C! u- N' g* }0 s5 f d7 t# b
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. F# R% C" [! f# m( ](c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: K9 {7 v Z8 r; a, W
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 K8 @ T& W9 I" g3 T
accounted for under subsection 32(1), (3) or (5);- j8 g" \ s% W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
$ Y# Z% j0 d3 {9 H7 [(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ r, n& z, V: J. G
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 A o- I K: lvalue for duty in respect of the goods and the determination has not been the subject of a decision' y; `( z, g9 o, M' w
under any of sections 59 to 61;8 f. s6 ^; ~; Z9 d$ D2 w2 |- ~
(f) [not applicable to non-commercial goods];) B% A# J7 w& @- e0 J( u7 E. u: {
(g) the duties were overpaid or paid in error for any reason that may be prescribed.- U) n0 c1 b5 d4 J0 o0 D9 d
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) a2 u/ R, v! B& X* @ h
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% ]2 @# B/ W' _+ Q( ^
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 s2 w4 K4 Z1 ?/ m8 b( j. F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, M3 f$ z5 @2 ~4 ~ Y/ H9 t0 f. hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
0 K0 Y1 G. h- v5 D0 c3 `7 d(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 C0 n* v5 a5 {4 w0 @9 O$ j(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ E* A. D' g" Z( V7 i9 {# i7 G, prespect of which the claim is made or otherwise verify the reason for the claim; and
6 Q; h* C4 P3 N$ |. |; E9 O(b) an application for the refund, including such evidence in support of the application as may be" k5 F. w3 X# T/ ~* Q: }
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 @' H3 j% E! E4 s
prescribed information within; y+ K7 `6 J& O
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! `' T0 w8 Q9 H& b& B; n; cor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 K" f" c- i2 m( s
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ S6 P8 [5 c! U5 w2 S3 P1 rwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& l7 x8 @- x0 j+ M(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 q" a" E _0 O+ I
this Act as if it were a re-determination under paragraph 59(1)(a) if4 g' P) U: a8 ]% ~
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% ?/ |+ y/ F8 h8 K/ j( S: [" fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
- i9 ^' h, f) y/ D7 weligible for preferential tariff treatment under a free trade agreement; or
0 U* E+ R B5 @! e# ]8 g$ ]9 r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 U, H. u1 t8 @& T4 [& t
because the origin, tariff classification or value for duty of the goods as claimed in the application is ?$ \9 V y* H) E3 B h2 i- K
incorrect.
4 h. g6 }6 r8 t/ e% U) s(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 u) h7 P+ q! {( ^: y/ j" o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 r% _4 n: \0 O7 \: |0 x" \/ X: ~other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! B4 M5 q# P0 s. c
were a re-determination under this Act of origin, tariff classification or value for duty.4 [; P d' K+ [5 j" I, g9 [8 J
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这到底是说可以还是不可以啊? |
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