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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 Z7 z# X, X7 A) }0 D
上面说 非商业 进口 可以免关税?, k# _2 Y3 |4 ?9 ]
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6 x, O- g0 M9 Z, v$ m/ X8 i" ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 T% j2 O0 L2 |6 p" Z$ F" h
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9 c& V# r5 J2 H; ]3 ^6 IRefund Requests* R4 a8 d6 T/ p6 s
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 u4 r1 I6 X; p% g4 d& x" _) Bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% E2 b% J# `; {# p1 hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ @* P( c/ S$ A" r! I
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' r/ `: q5 Z; N }- v9 g. a8 J
Canada to the time of release;
& a2 l) T8 Y2 Z; ^: { k( j6 T' I(b) the quantity released is less than the quantity in respect of which duties were paid;
5 h, R' i$ }* N/ W8 u# k(c) they are of a quality inferior to that in respect of which duties were paid;
8 o, f* [% g0 U(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" E3 R1 D. X+ W, D& stariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- d) W! R1 Y# s0 C4 a+ z* c
case may be, was made in respect of those goods at the time they were accounted for under$ z$ `9 Z, G) |7 y& H% i/ M
subsection 32(1), (3) or (5);3 \: V, T( x4 i9 j n* [
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8 k- C: g: \- s" n! A, R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for- E+ _/ {3 t. P9 T6 x# x
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are! s* h7 g# B+ R6 d
accounted for under subsection 32(1), (3) or (5);4 M) u! q( d; m0 c' C- M
(d) the calculation of duties owing was based on a clerical, typographical or similar error;) y7 \/ `0 t/ c$ u5 u. c. }' x8 }
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" K- z7 ~4 D/ |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 M7 E# `" v* Z& g# ?5 a/ D0 S$ E
value for duty in respect of the goods and the determination has not been the subject of a decision" P+ k9 D5 K6 l" l- x
under any of sections 59 to 61;
. R8 l* G0 X, t X1 N; P% W2 u(f) [not applicable to non-commercial goods];
" w$ n/ K! u* Q; U8 @# ^(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 ]' p- U1 }3 p3 n
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. H; Z3 s5 c0 g, f; m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& D/ _& R4 q. r- Q& B5 y3 {
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' A% g3 a' y% K7 n; e
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: h: z5 O1 z. v
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 d5 t9 x; }7 n2 h2 S( {, C(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 h5 V0 o! @( P3 M* c(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% ~3 y" q1 O; L6 I- Z! M2 `
respect of which the claim is made or otherwise verify the reason for the claim; and
2 E) d! C9 o' W. V3 {1 i# e& D(b) an application for the refund, including such evidence in support of the application as may be
5 ~ H9 V8 ~. R' U mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
8 }1 y r! Y' jprescribed information within
3 R0 b6 t+ v/ h4 \(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' r; R% s1 t; Q+ T8 s$ ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
z- z+ m* N+ ?, v: y0 z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 `7 }# M9 P8 N+ X+ z4 ~
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! d8 a% F3 }2 k3 B( g7 }6 v) T
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ x$ w1 Z! Y' P3 b4 }3 rthis Act as if it were a re-determination under paragraph 59(1)(a) if2 x; y, @5 {. C/ B- _1 H; n
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! p' L8 s7 S Q! `- \2 }5 kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 f& r+ y% W" S1 n( Beligible for preferential tariff treatment under a free trade agreement; or
# b/ w6 f; {1 J- U(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 V, O/ s* e; O9 U6 ~
because the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 p6 C" X; T- t2 \+ S7 C8 \(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% }5 l* F* ~+ u. S6 z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 k% i0 B0 e, p& l( n$ I( V& owere a re-determination under this Act of origin, tariff classification or value for duty.
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+ o9 I" M6 C6 a. U2 A7 @0 M这到底是说可以还是不可以啊? |
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