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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations) _# v# K8 M4 ~# T" m9 [5 K+ m5 H
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.pdf; H7 e4 j0 `0 v* f2 H# z
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Refund Requests; ~: S5 @# y# `- R/ z; x* T, P
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; p' C( Z2 m S! X% C
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; H) B- w5 Z5 E5 R% `
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 t# a+ j6 B' h7 `/ |1 m8 K(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: ~. Y; P! }1 R0 D8 D: z' \8 _Canada to the time of release;
/ E3 _! z) |9 R5 E- r ~: D(b) the quantity released is less than the quantity in respect of which duties were paid;
2 _" x" P0 Q) v4 g; U \. H2 K( L% e(c) they are of a quality inferior to that in respect of which duties were paid;
& M/ B8 r4 I4 b. J; H8 ~1 L(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* I' w) H' s5 i3 H |
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the' B4 K4 y0 A1 l2 Y f; e1 K7 ]
case may be, was made in respect of those goods at the time they were accounted for under" C% @' O9 `+ C2 ?" Q. o: `7 J5 D
subsection 32(1), (3) or (5);
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& n4 i# r% J3 i- P(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 R# i; e4 @9 K+ C# ?1 J7 t
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 V* Z# ]/ A& i P- Xaccounted for under subsection 32(1), (3) or (5);
, |; h; f% @. @# T3 ?' p3 L/ S(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 ^. `& C0 W, k5 ]# A3 h/ U(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- e- Z7 A6 W' Jof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ B4 t+ q% Z+ ?' t W' m
value for duty in respect of the goods and the determination has not been the subject of a decision
. u! l9 b4 W. y2 D- s% R& dunder any of sections 59 to 61;
+ L: @0 S& W7 a' n; I4 f2 h(f) [not applicable to non-commercial goods];! Q* {6 J7 m* P. d5 `7 ]
(g) the duties were overpaid or paid in error for any reason that may be prescribed.) ?, ~/ V, z: L5 p v! ^* }& T
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* z1 c! h7 t6 }5 d& e( qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( V0 `2 \$ I; P
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% k4 g# E% y9 i: ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ M+ a8 `. r7 D
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.& u9 B7 L4 Z7 `- e# p3 \! R/ Y5 k
(3) No refund shall be granted under subsection (1) in respect of a claim unless. Z x" v c2 m
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ O$ U' O5 @) @2 T3 orespect of which the claim is made or otherwise verify the reason for the claim; and
b& F i' K/ @! A7 `3 z! N(b) an application for the refund, including such evidence in support of the application as may be& u' R$ B4 G* o, h5 f9 R
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' Z$ |+ W8 J! D
prescribed information within. C% B3 E& ^. f5 p& {& `( A
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 [# H9 Z7 `5 ]# H
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 a+ c* {" R+ r' Q2 f
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- E7 h$ A2 {- C0 |2 [- b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 |; G8 z. l2 S
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! K# o5 f m6 J9 @this Act as if it were a re-determination under paragraph 59(1)(a) if
% O2 g( z3 U& C/ O+ U4 `(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ s8 U% j: v* t( A; c( ibecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( s4 v5 j* @ c" H8 |
eligible for preferential tariff treatment under a free trade agreement; or
4 l4 z! f- Q8 l$ q$ H0 I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" {' k$ | ?- I6 ?7 F: r: ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
7 N% }5 Z, L6 j a( G( D4 {/ kincorrect.- Q2 m0 B% f( O: l
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 U+ I" O# A. j& E0 K
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
5 G ~& q0 x3 ~# }other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it s3 h- W1 @6 J, o
were a re-determination under this Act of origin, tariff classification or value for duty.+ W) x" B- Y6 N8 U0 o
/ N7 q1 {) J* q. U这到底是说可以还是不可以啊? |
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