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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% a; c( T* m+ `7 @. \/ B- ]
上面说 非商业 进口 可以免关税?
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8 V; w+ O/ K# G7 |! U. Yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" Q- S6 H! U- ]! Q' q
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Refund Requests, R# ~! O) _& x- }
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" k1 T5 A% k* Z2 J5 U7 K, m" S+ x
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 Q# G( L9 m5 l
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( d& z5 g. W( N: u! u! c; Z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; i9 k% C: x2 l4 R" N3 X# g: Z) n8 cCanada to the time of release;
) U c4 [* G3 h( ^/ ~$ O8 g(b) the quantity released is less than the quantity in respect of which duties were paid;+ S# t, `) \2 n0 V
(c) they are of a quality inferior to that in respect of which duties were paid;4 K# \1 m6 ^( M/ O! S( ~) J6 _
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& d( v1 \6 [% r* |6 Stariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. A0 o4 Y; X, Y) _case may be, was made in respect of those goods at the time they were accounted for under5 F, a2 _: D+ H* ?: K Z- _
subsection 32(1), (3) or (5);3 k7 j1 b2 ^9 l h) c' e% @
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; b# X3 }+ [" d(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! I4 F2 f& O7 D5 r+ O8 c. Lpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# {$ q' b! q2 M+ B# P4 ~accounted for under subsection 32(1), (3) or (5);
! K- ~2 b: ~7 G' g2 H1 L(d) the calculation of duties owing was based on a clerical, typographical or similar error;
o6 Z6 o+ }1 V! F [6 `# v+ `, f(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)# E! Q: O2 B9 N) K% G+ t! O) M
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ B$ o6 ]5 l* y5 R- }
value for duty in respect of the goods and the determination has not been the subject of a decision
3 ]8 f3 S1 M+ g' Z4 W: \% gunder any of sections 59 to 61;1 R0 M4 |4 R. A4 z+ e
(f) [not applicable to non-commercial goods];
( p) C2 t$ c, K' r8 ?6 |: v8 I(g) the duties were overpaid or paid in error for any reason that may be prescribed.* r' ^; R1 q. @( g7 Y1 n+ B
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 W9 I8 @; x Y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 C, f0 P- W4 E% {! R- m/ e# P# L
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 n, @/ R) Y3 R( C' s1 x1 Y* U G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ J" k8 z/ e, G) b+ y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ ~! h/ O" x6 p# Y! S# E" Q- A- r(3) No refund shall be granted under subsection (1) in respect of a claim unless7 Q' D5 k2 } t, Y: M
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& E: q* x% z9 u0 y5 Hrespect of which the claim is made or otherwise verify the reason for the claim; and
" ]! c& M% ?- n+ ]% D(b) an application for the refund, including such evidence in support of the application as may be# i, Q( N6 j8 X: Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: d- U$ i6 V" X* `( k0 T6 bprescribed information within4 d- T: }: M. p5 P
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 V4 h" i; t$ D) y3 k
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 \! V/ [) y) }4 M(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 Y/ D3 ~# ^- e7 @( e
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! V# p9 \% e6 g(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of( A1 W' f! R% I5 z" k# o) l
this Act as if it were a re-determination under paragraph 59(1)(a) if
% L3 i$ U% E2 ]& H(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
5 w+ ^& I3 m; U' Obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 o: P; }& {8 \5 t$ N Keligible for preferential tariff treatment under a free trade agreement; or9 D% L. g5 i6 i9 u' `% ?: @
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 O( j) J* r1 m5 tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
- s8 F& M2 V7 S9 m" O# z8 Eincorrect.
Q/ @6 f; c/ m+ U/ v# G! n(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 ]4 j1 o& `; o! ](f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 p( g/ ?* q1 r0 a! k) Wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* `% y7 o* w$ O1 L
were a re-determination under this Act of origin, tariff classification or value for duty., a3 O3 @/ W( {+ `* k7 u
- ^1 Y8 S; E% ^) P6 f4 ]这到底是说可以还是不可以啊? |
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