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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- s2 K2 s& h/ b! }4 V8 ~
上面说 非商业 进口 可以免关税?8 b8 b6 P. V3 S2 h
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1 U' e$ ]5 U0 H9 S* ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests, {0 Y" c% ~0 ?% S( D. O# s% g4 v
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* ^4 H: `$ D' C3 A, }" C7 s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- j* J/ M0 c9 P( C) A7 d) h$ Z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 H% l6 c7 a1 ^6 w, ?
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( G$ \* v3 y! N+ I+ gCanada to the time of release;/ B6 d$ c( W- o' V2 q- F# F% ?
(b) the quantity released is less than the quantity in respect of which duties were paid;
* {, t- O# ~" H" r7 r+ ~(c) they are of a quality inferior to that in respect of which duties were paid;
! H: @8 I& U% j(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* U/ r1 a5 R5 @7 R9 Utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 B1 {; t2 h7 C& ^4 a. |
case may be, was made in respect of those goods at the time they were accounted for under
$ B' @3 j8 Y1 }4 x7 k8 V" gsubsection 32(1), (3) or (5);
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( @$ s" N& R. y1 H8 |" n5 m* G4 K4 g(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: @6 J" @% ]9 M* Y2 I. N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 d. j& T2 {9 b9 M7 w# P: j8 v& Caccounted for under subsection 32(1), (3) or (5);+ H3 M6 W: U4 w4 I: O9 h: l+ [
(d) the calculation of duties owing was based on a clerical, typographical or similar error;, Z3 P$ @; w! i2 I5 Q! O: D
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* v) R/ b& A3 Z! \" c
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ L4 v9 V, r+ Z7 fvalue for duty in respect of the goods and the determination has not been the subject of a decision; q: d8 Y# A% V6 _8 Z
under any of sections 59 to 61;1 z2 |& _: A: z3 b
(f) [not applicable to non-commercial goods];
" K& ]; g* Q- G/ s7 x(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( S' F. o5 U) j9 j# s* L1 V7 a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based- v0 \1 I0 _( A) {% o9 g
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; F" n8 X! q1 r$ fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
H* h/ A8 H# U8 o(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: H7 A4 @; `: J/ a9 k% r) y, F# @4 q* p
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 {- h2 C+ k$ g6 ~2 C7 N(3) No refund shall be granted under subsection (1) in respect of a claim unless- J D! X1 P3 [# i v
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 m. E* L9 k. P! s8 s" Frespect of which the claim is made or otherwise verify the reason for the claim; and" x7 \% n; S1 |5 p
(b) an application for the refund, including such evidence in support of the application as may be
, m% D! ^2 k& y2 R) X# d8 _' Lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 ]! k" z" U# p' D' Q O6 Lprescribed information within
3 Q" @0 o( {8 X/ Y* P9 E(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& Q$ ~+ [" p- ]$ d( v2 ]8 p, e' for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! W3 h$ `5 v/ l$ G(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
_0 l% o. \7 C$ V* K; Y0 bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed." {% W2 `! U+ E: X
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- U/ ~' q% y4 P# Mthis Act as if it were a re-determination under paragraph 59(1)(a) if
9 z1 y8 j7 u4 V8 u(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 n% K. }& K7 J+ }2 ^ d$ D7 \$ _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% t8 r. V3 c% p2 O. f5 K
eligible for preferential tariff treatment under a free trade agreement; or, C+ A9 F/ X; | l8 }5 ^7 v3 e
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 s6 e5 J) V2 X# U2 wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is; A" S! z* c% d, {9 S5 q# L
incorrect.2 d: ?1 X B! [* |! Y( _
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, r, F% v9 o" _2 I O( v, j5 `
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 \! V) R3 D3 @- \, O: mother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! j- ]; R0 q0 rwere a re-determination under this Act of origin, tariff classification or value for duty.
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" Y% `4 ]2 ?( a7 J, r8 a/ h, G这到底是说可以还是不可以啊? |
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