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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( n7 l) p$ q* k1 i
上面说 非商业 进口 可以免关税?
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+ z r: ^, w6 f- chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf4 C2 i4 m& v. N4 n; q/ B# M
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2 ~, x2 m' c% u/ bRefund Requests& G+ H- v5 n; [
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 J& \" v6 X) C! O8 L
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 c2 i0 }. }( U5 P" m7 ]5 O
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 D; s" J$ L/ A4 b, _
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 c y) p) a' e! O4 l" gCanada to the time of release;0 A* V! Z r/ E5 }: X7 C; I/ b* ^
(b) the quantity released is less than the quantity in respect of which duties were paid;
% F# E* s7 n! Z6 ]% k(c) they are of a quality inferior to that in respect of which duties were paid;
A9 e& \, g. h' H! [9 c6 v(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" l W9 _4 I6 r6 V0 h. J9 t3 F
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" ] A2 H" ], O+ o& N8 v! [; Wcase may be, was made in respect of those goods at the time they were accounted for under
" |7 `6 j2 G; m# tsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 D% K8 @9 G9 }2 y J' J( Q4 P+ \ {
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 J4 {1 M( K" Y% i1 D
accounted for under subsection 32(1), (3) or (5);
% K" r. d$ @7 f. ~: ^(d) the calculation of duties owing was based on a clerical, typographical or similar error;. h/ u" `6 T! g8 o: G, o/ y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ y' ~2 l5 V6 l9 aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' K/ O6 b' h4 H- Avalue for duty in respect of the goods and the determination has not been the subject of a decision
_+ u+ ]8 V6 z! Hunder any of sections 59 to 61;8 n& M7 C+ w: O1 O
(f) [not applicable to non-commercial goods];
6 B& ]0 W# g! t4 p9 K- f4 D: }(g) the duties were overpaid or paid in error for any reason that may be prescribed.- w6 G+ ^# m; n# `* y/ j
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" I5 y; |( M* ^7 M% lon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 G( D: [1 [4 l6 R: Wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 R- a) h* b: a, N+ g. ?
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 Z& v. t9 m/ q% N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& ~! H3 O7 r* v: R+ w8 d0 G(3) No refund shall be granted under subsection (1) in respect of a claim unless
! s! t0 R4 w. \3 O; U& _8 m- V(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, Z) u$ Q0 m/ q$ arespect of which the claim is made or otherwise verify the reason for the claim; and/ ^- N4 o" l @- |
(b) an application for the refund, including such evidence in support of the application as may be5 Y1 |/ |8 v) i
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the [) |7 \% y' \$ O) J( I3 U
prescribed information within0 G: w: D% \8 E$ W1 u+ I
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( K) r' c5 M9 D x
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% r; ~2 D% l" k& s# b6 I
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# j& L! R2 H# P: O5 p! n- p
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' a0 Y. R/ O- G. ^2 F' U
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: G$ |' s L, ]0 m6 \2 h1 C% p
this Act as if it were a re-determination under paragraph 59(1)(a) if
+ k1 H/ L0 d8 H1 I- D# N) e+ [(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 M; e3 n) @( U1 t) s& C8 L" [
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# x8 z. w* e0 R
eligible for preferential tariff treatment under a free trade agreement; or9 f3 F2 x; r& K; `) X: M7 U
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
1 k6 U v2 _/ [- `! f/ ?' z' gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
' x* ~. Z% H* H: d6 j( H6 ]incorrect.+ \" B/ A; G z w' l* `4 s
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; F5 i6 M# \% A(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" ]0 `, V) y9 j8 l: C) Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& U5 q: h' \$ A- r& D
were a re-determination under this Act of origin, tariff classification or value for duty.
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/ d0 \% T- C0 w+ v# {" T这到底是说可以还是不可以啊? |
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