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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 S) a# f# C6 n- W" k
上面说 非商业 进口 可以免关税?; n' y. a( q. K( m& h% c9 ?/ n5 _
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: O4 C( R) d6 F, p2 M1 D% Ihttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, T% x) V& ]/ S+ p8 Z2 H4 D
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2 m! P: d# P, H9 J3 |3 lRefund Requests- i* D' A3 c3 |1 Z
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" C" ^0 s8 d. j9 p( Q3 N1 Y% xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 O* e6 ^) r: }+ \! t- iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 P8 j! [5 f m' |. G0 V0 b(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
/ V+ g) ]: m2 ]& N0 zCanada to the time of release;2 U. Y; r# {, h( h3 G; z7 I( a
(b) the quantity released is less than the quantity in respect of which duties were paid; B2 t. F, G7 h& d# \
(c) they are of a quality inferior to that in respect of which duties were paid;
; f3 t0 Q; Y Y; J+ x! @(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ V7 p6 o5 U2 L" t& r$ [tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, I- d2 k( W: P( _! ?
case may be, was made in respect of those goods at the time they were accounted for under1 P! A! ~. E. t& r& z% U
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 for' N1 i P3 }* e" T* V
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 ?$ b. y1 a' @: k5 P3 Eaccounted for under subsection 32(1), (3) or (5);
; W4 u. O! \: V9 w) B(d) the calculation of duties owing was based on a clerical, typographical or similar error;" o% l& U6 b) @: u
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 T1 L) J5 e# Q2 [of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! _0 x0 l7 S5 uvalue for duty in respect of the goods and the determination has not been the subject of a decision
+ o) F3 g. z# o4 t/ cunder any of sections 59 to 61;
8 p+ B; N& I2 o2 P; y(f) [not applicable to non-commercial goods];
% C' q( b- v1 V" q6 j0 X(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 r! r; h8 C1 e: t, V% H(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% P# [( R4 f" G
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 V: ], }+ Z( Z2 s/ _( r# g
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) r, H3 f( t1 v/ a9 ?5 C; Y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 a; W2 m6 l. B5 h/ E' |unless written notice of the claim and the reason for it is given to an officer within the prescribed time.5 d- Z* A2 A/ L. O3 l
(3) No refund shall be granted under subsection (1) in respect of a claim unless" S2 x1 D' v$ |8 j9 N
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 ]3 p6 l. `4 R7 e) Orespect of which the claim is made or otherwise verify the reason for the claim; and
* f$ `5 |0 |' P {% z(b) an application for the refund, including such evidence in support of the application as may be% x5 K* s8 ?' f% H+ p
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 u. X3 I0 D* s) t$ l
prescribed information within; ^# v3 c! [0 P$ W
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 J( |+ \; _; C: F' t# x R$ y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 g( u9 y7 a B$ [
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& h( j _& e& }; v6 N, Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: i& G+ l6 J1 w5 a) I(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: }, N5 b+ ?; \# @this Act as if it were a re-determination under paragraph 59(1)(a) if
# s, t+ b+ w5 J- {* K' S5 z& M* G(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; d: W2 h8 t, v- Vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! V) T$ Q7 m0 @0 zeligible for preferential tariff treatment under a free trade agreement; or
, ?4 `* u5 t" s3 T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 p) t6 O; z W- M2 Y* D( w
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) b" A0 x4 @$ ]7 jincorrect.
, p) r @& }) s9 I) Z" S(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 P; I" |* u) E/ B/ o) a+ c( J, u
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 G* F' W: E: [6 _
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 {' w0 Y. ?" [( Mwere a re-determination under this Act of origin, tariff classification or value for duty.
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* L: ^6 V" R3 }1 C这到底是说可以还是不可以啊? |
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