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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations7 i' H; S- y( F+ q3 w' r& ^
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.pdf1 W3 i/ v4 y3 Y$ J1 }- Y
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}/ ?: `9 m$ z$ L* gRefund Requests) p* j4 ~+ x) v: s% ^
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 L8 m: ^5 k. Upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# K8 G7 c8 _. S: v1 W
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' W9 ^, N( P. a: `(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 W( S% V7 \# m l1 B2 O XCanada to the time of release;
- e) e5 B: L. x& N {$ N(b) the quantity released is less than the quantity in respect of which duties were paid;
# e- M6 b P- o& X2 ~" Z(c) they are of a quality inferior to that in respect of which duties were paid;$ ^0 l$ ^" L. P' h9 ~4 U4 C- {1 m
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# j9 _- M6 ^( U" |tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ |% m1 V% R g/ kcase may be, was made in respect of those goods at the time they were accounted for under
" g' V7 x( w! g: T+ V7 s# P6 L7 dsubsection 32(1), (3) or (5);
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8 ]$ P/ J! R- i% S% K. B% X& q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 k8 S) Z8 m7 j0 [: c
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 Z/ d& b6 O' g0 K* A" {accounted for under subsection 32(1), (3) or (5);
% f# n5 g- Z( R3 z q(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% g: X3 q/ t& }: P- @& _! B(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 L, U' m7 X. C4 jof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 Z: M; ]# e' r i) @
value for duty in respect of the goods and the determination has not been the subject of a decision. l' d% z% Y7 P) c
under any of sections 59 to 61;
- Q q! h- H1 G- C5 w9 Z9 J(f) [not applicable to non-commercial goods];* ]- J" M& }; r
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, @% ?/ y) X+ Q, x5 y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% @& ^# a2 i& }7 P7 \! V
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ E( d6 S9 j% z; F- U/ s+ G5 ?! tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& ?( |, v9 A% {% F3 ?9 R o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 F4 C+ P( v% \0 K* u; V. r: wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 x" a* Z: d+ b: v! H( L- _ c4 C
(3) No refund shall be granted under subsection (1) in respect of a claim unless3 Q5 A' ~" |2 w; S+ S, d7 J
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
' ~; Y# `5 G- ` y* Xrespect of which the claim is made or otherwise verify the reason for the claim; and% X" h* W+ ^ b/ U( d0 j; z
(b) an application for the refund, including such evidence in support of the application as may be' A& G8 I7 h$ C4 M, R9 A6 c
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
3 T) b7 [* E, Y6 r0 i' D# k+ ?) A. e& T# ?prescribed information within* t$ f' Z, |8 G# m) ?
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); F. z+ ]0 \* {
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& L* L2 H4 k) Z6 z" n4 a; [(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ |7 H% F1 V1 e5 Q. |( K: Y
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 P% P' j0 E1 i
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of1 y) y' V: |) `/ q2 ?" | z
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ j* m; q6 l* U# ^$ y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( |8 Z" s0 q2 w" Y# L8 ebecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 F4 @. o6 B' { ?1 ~! N/ Q Meligible for preferential tariff treatment under a free trade agreement; or
# Y7 y' e( w* k* ?6 } @& }3 ~; O(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 C+ y* j; b& z. e2 O% N& I8 k5 Sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is2 | a' b6 q) T1 U, z1 \
incorrect.
; D% j0 m! ?1 y( R(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),9 ]9 G3 ~+ ^! ?" T: Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; n Z B* x! N# Mother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- ]( n0 H k( T+ Nwere a re-determination under this Act of origin, tariff classification or value for duty.# h$ p& `- w; t# Z
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这到底是说可以还是不可以啊? |
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