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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# t; @2 t- \! Q# R
上面说 非商业 进口 可以免关税?
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- `5 O8 D- H& p- Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests7 Q( x8 O+ p3 @& _, \6 ?
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, }% h7 y5 x# o! E# f5 G
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' Q Z0 V" B' R; M" U, v- B8 A
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 f% f* `# X# X% |1 m1 S U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; p) W! x5 q" f6 |, F( V ^Canada to the time of release;
- ?0 a) N( \/ ] t(b) the quantity released is less than the quantity in respect of which duties were paid;
, |0 C, F Q2 y) {& [(c) they are of a quality inferior to that in respect of which duties were paid;
! l: g9 k! f- C& c( X }8 }(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
2 `4 w) w! s- I5 A dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% H2 g5 I, f+ s# ucase may be, was made in respect of those goods at the time they were accounted for under
" Z2 ]- P5 n$ V; s! h- @$ E0 Y& F& nsubsection 32(1), (3) or (5);6 A A/ a( s; k9 ~1 R$ h% x
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# g1 t* t& {9 V9 }4 g3 R
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 e: `8 w3 a0 aaccounted for under subsection 32(1), (3) or (5);
) ~/ T3 T4 K, t: [3 v5 @(d) the calculation of duties owing was based on a clerical, typographical or similar error;; H+ D B4 F9 T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 K0 q- x7 {" d: B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 e; M0 j( J! _( X, I' P+ }value for duty in respect of the goods and the determination has not been the subject of a decision$ h& d0 @( _- U! g' u/ E
under any of sections 59 to 61;/ X: S" W7 T5 c0 [* d d
(f) [not applicable to non-commercial goods];$ E% S7 L2 }% u$ y% P
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ V: w$ _8 A9 q5 }" `& o9 ?' h0 W(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ e, S( V5 N& g" con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ n! ^5 O+ o& m" n9 i) X# a
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) `2 P: G2 h/ \(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- y, s5 {, M( w5 V; nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 t; Q2 @( }! }: c K( {: w1 @(3) No refund shall be granted under subsection (1) in respect of a claim unless
. _' d7 c2 s( O(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. C) P8 j; a" Z# r* `respect of which the claim is made or otherwise verify the reason for the claim; and( u$ K( d$ l& H2 V8 }, j
(b) an application for the refund, including such evidence in support of the application as may be
% e1 G* i' s2 {) s/ R% d. q/ Vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( w1 b9 m. l6 N9 I0 a- M* {
prescribed information within: C9 T% r! g8 ]1 @
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): J$ G. m/ l3 g$ ^& g- A0 K
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) Q T6 l: g( g; Z+ p(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 s4 D# B: \( @% V- H
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 k. P, S- [) ]- w) x7 S& k* f+ A R(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) @6 }# U$ ?9 _& r8 Tthis Act as if it were a re-determination under paragraph 59(1)(a) if. R8 B3 f) o# Q7 X; K! V, f i6 H; d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* `8 J) v5 T4 } l% D- A' r
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, s3 e: i/ ?0 heligible for preferential tariff treatment under a free trade agreement; or
; N) j7 J8 J( J- U$ C(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* i, s9 u" N7 ^2 H3 z
because the origin, tariff classification or value for duty of the goods as claimed in the application is
* v" Q9 I4 O( L7 Q# Hincorrect.6 e4 J: ~: P7 S8 Q9 x, j' x% s+ ?: b8 W
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
% |4 X; s7 j* P# `- S# w( B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" } `/ q( A) R" k. \$ b: jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 t5 l' O6 H: A) V& G* Y0 Z- Ywere a re-determination under this Act of origin, tariff classification or value for duty.% ^7 f% z7 V% }; V6 K/ Z Q; E
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这到底是说可以还是不可以啊? |
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