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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# @1 Z& B: r& d4 ^4 A2 T
上面说 非商业 进口 可以免关税?5 H9 h# l1 G9 _; R% t
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- E# Y7 a9 S( S4 x! j1 P" N0 Chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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9 a/ P1 {. d7 \) f5 ZRefund Requests
R9 O9 y5 u( A1 d74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 [0 M9 {, \/ K3 d y6 s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part0 s) l/ U8 z' `4 }3 e3 S
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- P; f2 ~) y, |0 ?$ I8 k
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% _. M2 ^% Q* e/ B! ^/ j9 ]" OCanada to the time of release;0 T) c) ^3 r/ g: j9 m, F
(b) the quantity released is less than the quantity in respect of which duties were paid;( ?$ _1 ^9 K& Q, L2 r9 _
(c) they are of a quality inferior to that in respect of which duties were paid;
5 e0 Z5 h$ R' m) `' h(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ M1 J: m4 O S7 Jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 }) v1 g/ i. N2 x$ ^: h: E8 f
case may be, was made in respect of those goods at the time they were accounted for under
( W# G! F+ ]& }! ^- \subsection 32(1), (3) or (5);9 r, P5 N. }5 H; x" B8 M
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. z6 z' s# C, Y3 A2 V4 v' P
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, ~- o$ C8 X8 h7 b5 h& f& v1 N% z
accounted for under subsection 32(1), (3) or (5);+ u% }$ l* y+ c4 @; N! L
(d) the calculation of duties owing was based on a clerical, typographical or similar error;' K0 w5 ]. x' o* F) Y V9 [7 I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 S: c/ s, w8 P) a; sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or- X* D# {) W: j ~5 o* K& V& ?
value for duty in respect of the goods and the determination has not been the subject of a decision" J: |6 v) q2 d% t9 _. c6 s2 |* H
under any of sections 59 to 61;
7 {" ?+ X3 I4 W; Q# o(f) [not applicable to non-commercial goods];
+ u; ]0 G: y# r2 q. y% U% p(g) the duties were overpaid or paid in error for any reason that may be prescribed.( o: i* U h$ e* G! {* f% ~ k+ |
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 }# f+ Q ~8 n- yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of, Y; i# j% X+ @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! M1 ]2 D" c# q$ D1 F9 r( x(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim ] e3 p3 e4 }$ s. y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.* J; T, G5 z. p/ o- j( o
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 B3 z' G- {8 o2 O1 q. c
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& q7 e6 ^3 Z) s. }& M! J; t
respect of which the claim is made or otherwise verify the reason for the claim; and
, f; L0 J2 P; Z7 [/ @. ^( o; X(b) an application for the refund, including such evidence in support of the application as may be
: W6 H J. E W" Q6 cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 F2 o+ M, w/ ]( ^! G8 v6 o
prescribed information within
4 M' Q$ w6 I7 _) {7 D3 M+ f(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' f6 {% o7 A4 c" c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
" ~8 i+ r; t5 c3 r3 q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' s9 h# L3 X* K* z) t0 Uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.& _2 p- x$ B" W1 y6 C# j0 l( _1 `
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" V1 G; E1 ^: ^" x4 mthis Act as if it were a re-determination under paragraph 59(1)(a) if
3 b0 r' X0 I& l: y+ R' T(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; J; x; `" u9 {$ R
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
* M7 \, X# s: ^eligible for preferential tariff treatment under a free trade agreement; or# z& J; ]; G8 I( S; r% W3 s- z3 q' W
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
& K7 R9 f& J, J# O0 Wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
7 F D. u2 ]# Z% P. G/ |incorrect.* y( d5 X" K+ u3 N% |
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* V9 M& ^7 N7 c. V% x, U4 M5 ^
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 D; M* f( X: L; x" X [1 z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& t$ P8 U3 F6 ^- H/ `7 P
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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