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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 w/ _8 @2 W# B* e& h) e
上面说 非商业 进口 可以免关税?# z$ v/ z+ e7 W" [* |, `6 A2 G, o
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ B: {$ V3 p% p$ Z2 {% URefund Requests+ B, w+ o" O' J1 D( @
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, H( n! h) S. g; hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 K0 _6 P3 v7 zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. P4 P, M; h8 K(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 |0 I q% U% }1 ^5 D# F1 t- `% GCanada to the time of release;
/ O" J0 N, r4 o, l% |, N(b) the quantity released is less than the quantity in respect of which duties were paid;
. Z& a( c3 T# G5 k9 _& v2 W, ]1 L7 c' k(c) they are of a quality inferior to that in respect of which duties were paid;
8 ?; y2 s# M! p5 q$ p# x7 _(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 o) V- Q4 o% H g4 h# x# {tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
9 F. f! w) S- K7 ?# r! s; qcase may be, was made in respect of those goods at the time they were accounted for under
) z/ Z9 C; b" Z/ i) ?7 u6 W( l$ _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# r$ ?0 S* X+ t" h2 O. a
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 k* s; T* U: z2 H4 {4 r1 A g
accounted for under subsection 32(1), (3) or (5);" }6 p# l8 B: _4 J7 T' {; N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ Q: h% M$ H; j! V! u; ?1 F
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 j5 K1 q6 P2 R) X, _) |& e
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 B' w( g0 c! svalue for duty in respect of the goods and the determination has not been the subject of a decision
4 O- c% P5 X% } d" L* v' gunder any of sections 59 to 61;
' n6 V9 i% e# L- }1 R% \(f) [not applicable to non-commercial goods];1 E# z1 t8 K+ z
(g) the duties were overpaid or paid in error for any reason that may be prescribed." Z# h9 r# q( W, Z4 m" z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! a4 b$ f! I0 u8 A" z m4 e" H( ~on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 g1 p% Y; y# {3 @; g% @% ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( x5 Q i" t% r' {2 G3 w
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim t1 ?$ W* u0 N* x' ~
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, Y9 ]. x. v3 e/ L& j" u(3) No refund shall be granted under subsection (1) in respect of a claim unless& |: g3 \( ^% }; c% l1 Q
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
2 F! J/ |0 T& k, ^1 L) T) Hrespect of which the claim is made or otherwise verify the reason for the claim; and [& @9 i- G+ F2 x! w! p
(b) an application for the refund, including such evidence in support of the application as may be/ Q; {8 D6 E5 o: |' M9 F
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' `2 t$ ?4 \+ a8 S+ ^0 b, w. [prescribed information within
0 ^ g- }9 Q8 b* |: J8 v w(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' g$ H3 j: d- vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- N5 o$ c: }( n" P9 {' \(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( D. |% F6 _4 @2 `7 C, ]
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 C6 r6 T; t- E0 O(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
7 t$ |! g) S. U1 H) Fthis Act as if it were a re-determination under paragraph 59(1)(a) if! Y- h' E% c' Y% `$ t0 u
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! _& g" t8 {/ C. L; p# L2 b( Z1 xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 ` T9 k$ [2 Q8 e3 C* P$ j$ Aeligible for preferential tariff treatment under a free trade agreement; or: s* I. A6 K) d n0 g7 d( K* w f0 i* g
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 v3 o) \# h& ^' D% M. Kbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
" Z9 ^8 A$ N* J: K vincorrect.' Z% g7 E% ~, Q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, [6 x7 N; s; A- d: C* I; G(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' @9 L) }+ {' u4 ?/ v
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& ~0 P( b, V' ^/ Q4 q# G( _
were a re-determination under this Act of origin, tariff classification or value for duty." U1 [8 n; f" e
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这到底是说可以还是不可以啊? |
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