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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 ~0 j/ e5 d0 P# w$ y
上面说 非商业 进口 可以免关税?6 f* B J7 y4 b2 E
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests$ G2 s9 {0 q' d# l
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 ?0 C# L! L- v& F
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% h | N8 @# l/ Dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, R6 r) P2 P4 F! h( g+ ~(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
z; x; M0 p* i) F2 q4 ECanada to the time of release;
7 u+ b! Y7 M) R( ?6 Y4 G(b) the quantity released is less than the quantity in respect of which duties were paid;% d Y6 f+ P% L
(c) they are of a quality inferior to that in respect of which duties were paid;
# @( s& F9 F: }9 A(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( f' o* J% e4 W) q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: Y: x5 l+ r6 Gcase may be, was made in respect of those goods at the time they were accounted for under* m3 w$ X2 a% L
subsection 32(1), (3) or (5);# j9 x) V; O' g+ ^/ P
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" B/ j& U+ W. T3 `4 c0 m(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 S" F- ?$ s$ q0 m, v! D- O Y& U1 S
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 p1 v+ J) K( c1 P; W; Raccounted for under subsection 32(1), (3) or (5);, z) ^5 B5 A3 j, V8 J% Q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 g1 B8 G: T. N7 B3 {/ e& z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% X( V E; @+ }# c7 |+ d& e) D- V
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 F% }1 t- q4 m. S4 Bvalue for duty in respect of the goods and the determination has not been the subject of a decision" A5 r3 R/ o$ U& M, J- Z0 L) }& I
under any of sections 59 to 61;
7 A+ s0 n* f, ?# g$ ^(f) [not applicable to non-commercial goods];
8 |) M: L* e1 @- O/ A% S(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 l u Y/ d; o% d8 S4 F* s
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: k7 W: W0 c- |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 |3 j( i* f% m; f- e9 Qthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( m( @ \( X E' q5 i$ O(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- t% ~ h- [$ Y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! r: v2 _ e9 Q% J
(3) No refund shall be granted under subsection (1) in respect of a claim unless' y% y7 L& y) A a
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ H% U3 V. m; ?( O1 M
respect of which the claim is made or otherwise verify the reason for the claim; and
. W" F7 n% W9 y1 W. a(b) an application for the refund, including such evidence in support of the application as may be+ Z4 b8 _/ k# Z0 C
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the. B2 O6 c" [- B8 `) [- Z2 g
prescribed information within
' H* f5 p1 x& Q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). j! Q/ N$ G2 c! R% A$ C/ v8 f8 R
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. _$ r; v9 y$ L$ p(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ N' j* q7 F8 p$ m7 ^3 u7 y/ J
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' K5 J% U9 Z: {( [+ a(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 D, x+ Z0 E- {; \
this Act as if it were a re-determination under paragraph 59(1)(a) if
' K4 ?" X6 s2 v7 q# m# J2 |1 f1 ^(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, b+ b: ?+ z& ]1 t! x
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
( B/ d% {* ?; o) Oeligible for preferential tariff treatment under a free trade agreement; or/ \# F3 s& ~/ z- Q6 g/ V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: K$ L6 _) f* g+ r2 |) @' ~) l- K
because the origin, tariff classification or value for duty of the goods as claimed in the application is% s. G3 e$ s' p# T
incorrect.
! ?, p' _0 u1 ^6 Q' `7 }(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),' W) u b- R: V1 m; }7 U
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% d+ Q) e8 { R
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% q" }2 V1 ]/ u6 v$ g2 E
were a re-determination under this Act of origin, tariff classification or value for duty.9 {& t- K/ g0 _' R
. |2 v2 V1 Z$ ?5 P) ?这到底是说可以还是不可以啊? |
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