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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* ?. P2 M5 A0 W
上面说 非商业 进口 可以免关税?; p& ?- f5 t5 a5 f0 ^# D
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, A" `3 j; l {6 Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 O. ]' w; J5 T& Z& d
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Refund Requests; Y& ?* e& p; \0 ?; ~
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* G& P& _# a: A1 O+ s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: v- x! K+ V1 A, A6 {7 Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, S7 T D% i- K(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. l% l# a2 X j2 iCanada to the time of release;
$ Y9 q7 M0 O8 L(b) the quantity released is less than the quantity in respect of which duties were paid;4 C( I0 e! o3 S$ x& }) i
(c) they are of a quality inferior to that in respect of which duties were paid;
4 F8 V2 M6 t$ ?1 U- t- w(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" t* F( E/ O0 L
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 M4 y+ V; {" p6 T# Y
case may be, was made in respect of those goods at the time they were accounted for under
a# E5 @$ I$ y( ?, |* z' o8 @subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 K" k$ r! c# g: O% b% f! l! m
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are" d+ G9 e6 S0 W- G* i0 }+ p
accounted for under subsection 32(1), (3) or (5);1 { `9 K8 O2 p5 F9 \2 e( m2 v2 j
(d) the calculation of duties owing was based on a clerical, typographical or similar error;) x" i0 R( g5 Y: ]
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 c# l2 L& f9 W3 j% \
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
t2 S( j. u/ C% svalue for duty in respect of the goods and the determination has not been the subject of a decision3 w( B1 {/ T9 ~& R- F( U
under any of sections 59 to 61;$ [6 `7 r8 V2 U* E& z7 }
(f) [not applicable to non-commercial goods];- `; j k6 J- ?- g% [
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ L7 L- S0 a8 |$ ~- s(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 w2 E( P9 B2 C0 t
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, ~: s6 }1 F# N; nthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 ^2 ~) X0 l% |9 t) Q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( N) K! [1 D9 C0 Y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 m" R0 |6 H2 f6 m1 }(3) No refund shall be granted under subsection (1) in respect of a claim unless% b! ^) M8 }6 ^& W
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 u* {$ }$ W/ M& v4 _8 trespect of which the claim is made or otherwise verify the reason for the claim; and4 V' V! x1 R; t% {# V( a
(b) an application for the refund, including such evidence in support of the application as may be
3 W' W: y3 t& d* a; e2 Yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 `& h* Y+ k( D$ R7 K. w( f1 s
prescribed information within( O4 z* j& \5 h
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( Q- W7 T5 d8 n% Q K. j
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; ?9 U4 q2 u6 i4 O" B5 O: ?3 i
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ M5 T! T( H0 |2 O( ywere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: L, u$ g) P S2 d% A(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 H5 j) d& u8 F: T0 Zthis Act as if it were a re-determination under paragraph 59(1)(a) if! M9 ~$ a6 Z T) }0 h' J
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ F$ L0 F/ }# E" o' L! M kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
* I0 q( X8 T, o/ I& Teligible for preferential tariff treatment under a free trade agreement; or
9 o- _* a+ U! T) Q$ k( L(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: n& K ^. \: m) ], F7 W! e0 j
because the origin, tariff classification or value for duty of the goods as claimed in the application is. D1 a1 v4 f& p8 T8 N- l g
incorrect.
$ |- I" g; ^1 H, c(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; I! j# Y2 z5 K1 J0 s* n" x/ C8 n* E- ?(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 h2 g p9 s# M0 R$ B
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) J2 y: \1 c1 L( ^! j" I6 v1 w# zwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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