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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations/ T- p- C3 ]5 M% n6 t: u: a
上面说 非商业 进口 可以免关税?- r" c- X& s6 y2 F$ R$ K8 M
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3 Q* Z) ]" u8 I4 l- Phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 {" p& T% y* g0 a* W
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Refund Requests. y [* X) ? T1 p# z* S3 ]
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who( | A- x+ d" D- B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part! g0 D9 H7 v8 D# M) L# Z' Y7 s4 _
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( |4 [; _# B/ j: A! O9 p$ n6 @(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' J8 r/ ^" s/ |( U# H$ xCanada to the time of release;# t! b; i# D4 i" h0 {! n9 e$ [
(b) the quantity released is less than the quantity in respect of which duties were paid;( U. j' e6 ]; R3 z# O% `
(c) they are of a quality inferior to that in respect of which duties were paid;5 e: F; K8 ]$ L$ _
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 ?3 J! ~% t( ~- Xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) L) o+ V! O( M" |+ N7 o+ n8 I- N
case may be, was made in respect of those goods at the time they were accounted for under+ B- m7 U* q# O, |
subsection 32(1), (3) or (5);/ o! y5 Q9 R1 u- p% q3 h, @
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# @+ j& D2 V c3 B5 s(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for N3 H+ |1 `( u% k. A$ P
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, P) m. T( C' Qaccounted for under subsection 32(1), (3) or (5);+ g! x Y8 ]& C& t. l( z. R
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) M! Y, I* _- V9 w3 X- ~(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
; X% q6 x( D+ ?9 j N& tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( [0 N& F9 T U$ j }& c! O* Cvalue for duty in respect of the goods and the determination has not been the subject of a decision z7 Z' S5 P( L, p- {; d
under any of sections 59 to 61;$ W, W1 a' J9 S0 C7 m
(f) [not applicable to non-commercial goods];( `7 B# s& i0 ~: M6 g
(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 ^1 q+ b" h' c8 K6 @
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ g- U* r8 ?# X" Q/ O9 |% ?
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ ~1 C+ a4 p* Q* d% j0 Fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& Q- Q* ^6 K) Q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! w8 d. W- K/ u* N5 f
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 d$ Q2 U3 A* ^1 b7 q& W( ^
(3) No refund shall be granted under subsection (1) in respect of a claim unless6 b* i8 k. A" K* ?
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( t: V" r# r4 F0 @# _1 brespect of which the claim is made or otherwise verify the reason for the claim; and
0 k4 l6 I/ n* E/ A' N- [; A(b) an application for the refund, including such evidence in support of the application as may be) O2 E+ r. N: F# I/ U% J
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 o9 ?' ?6 b! L2 B1 x$ U% {3 E
prescribed information within
9 [5 B: t" N2 C, P(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) X6 f8 w9 j3 x
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and ~* c2 A, c0 @- ]% O
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: z$ ]$ t: d; y$ q% Nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ F5 C+ a# O8 N# i(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 U. w; `- O- T& L6 b- ?
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ G5 ^# }7 L2 |(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 J# a, `2 }4 @% Sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 y/ m9 Q' X5 ?+ v0 @eligible for preferential tariff treatment under a free trade agreement; or3 v' z4 e: V5 E* A' N% J
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied z& ]# h+ ^2 F, \# T% U! A |0 F. M7 z& j
because the origin, tariff classification or value for duty of the goods as claimed in the application is5 `1 a6 a2 J; x5 n) s0 U# M
incorrect.( u8 G! a/ c# x* r4 A
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 D* ~: F2 {" i0 D f5 V6 U
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 e$ m/ @6 L7 u$ `8 j+ R ~other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
2 S9 G' F* K8 p# e8 ]7 H* 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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