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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations$ N' l) [4 y9 _8 ?9 ]' E
上面说 非商业 进口 可以免关税?7 Q; i- P# A8 `7 J" [1 {1 H
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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! n0 ~, T. Y/ lRefund Requests9 Z+ S) c+ l; Q4 R5 \
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! l5 K* w, V+ A a
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 M5 S/ z H6 M5 N! r1 Z% i% k, bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 @0 i+ A. W0 E% [ l
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& j. ^6 p' e* t5 t! ~9 e* J6 |5 SCanada to the time of release;
4 ~, W" E. @, y4 z/ S/ n, c w A(b) the quantity released is less than the quantity in respect of which duties were paid;3 p4 S) p, F/ Z# D* ~
(c) they are of a quality inferior to that in respect of which duties were paid;* O+ L( {+ a- u, M
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: B7 U% @' U8 _ Ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the1 I, [6 q. y. |) L
case may be, was made in respect of those goods at the time they were accounted for under5 N3 N2 p4 U! X9 I& ? B( E
subsection 32(1), (3) or (5);. G, `% ^- _- a. h5 S$ s6 h9 s6 s7 D# K
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( l* H6 V* S, k: |% i(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 ]( Z) G2 [5 m, e& _4 `5 D n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 U. K" B2 Y% E* I
accounted for under subsection 32(1), (3) or (5);8 q A2 s# T4 l
(d) the calculation of duties owing was based on a clerical, typographical or similar error;, k, y$ j- P: D
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ }$ j3 ]" z U! J2 \5 w1 Qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& P5 ?' d" |/ n$ ?2 R8 j; I0 t
value for duty in respect of the goods and the determination has not been the subject of a decision/ }) \$ b3 V6 ?! I
under any of sections 59 to 61;
7 C2 Z% d. V( M% x(f) [not applicable to non-commercial goods];% i2 o: l% j! a: n
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) n5 _- X0 m# D4 L% Z: f(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* G( A& H8 {# [6 X: X7 ]
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 R8 }7 {$ {3 a3 y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). j G8 `" }5 T9 T# i9 R% j
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 Z5 x* C! {& U! w; l: Ounless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 m; V I& b* X& G+ T(3) No refund shall be granted under subsection (1) in respect of a claim unless# q7 w& I5 s" ^9 x' D& o, p0 _0 N
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 S+ D U- J) S4 J5 a8 L; Y, Qrespect of which the claim is made or otherwise verify the reason for the claim; and- f7 z. E9 K8 y3 w8 l8 r* @
(b) an application for the refund, including such evidence in support of the application as may be: d$ T9 F5 s6 L+ q' o9 w
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! X# F) `" M! E. ~: V( r+ Vprescribed information within
4 M9 W# N+ [. t; ?(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, o; q0 H; L Z, v7 tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 `1 G$ }+ ?4 l
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ t5 h4 z( I8 n/ e7 T. i
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 d' E2 b, A2 h& O9 o
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ O* Z. E1 J- m* c
this Act as if it were a re-determination under paragraph 59(1)(a) if& F' Y( t! N8 v) }
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; D9 |& ?3 y0 U9 K# pbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* v. R4 S" H- `) Z- T
eligible for preferential tariff treatment under a free trade agreement; or
1 o1 e0 [, f. R# c3 @3 B8 e: L1 D. D(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: }6 |0 f( n. P' I# r4 r# \7 L( Mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is( f: X; a2 b+ k, M2 e0 `: N3 L
incorrect.
; ]; }+ _, N' b& E" Q7 }2 Q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 ?" k3 Y8 W0 j/ m6 ^ D
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% G% f# [% t! U, M+ Z( T1 Vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" K3 _! f9 U. u: q/ `were 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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