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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% c# A/ W% ]6 ^" b5 u2 R
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf q! K# {" N+ e+ x" W8 A( @
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/ H" z' R ?0 d+ h6 ]# l- `3 U1 mRefund Requests4 C6 D! P9 J' Y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# ^5 S8 M' E+ a! U, S3 ]paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" k) ] j; @1 iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 a1 N/ N) A& F4 D
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' V# g* i. Y# ~8 K' I/ ?Canada to the time of release;2 k8 ^9 \# i/ H( g
(b) the quantity released is less than the quantity in respect of which duties were paid;
" V3 a, ]6 e0 M0 {6 J1 O+ w(c) they are of a quality inferior to that in respect of which duties were paid;
6 L# q9 f B4 N9 ~9 a" Q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, ?) Y) }' c' D8 l" ?3 k- ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 Q7 _- k( g6 z" X4 r2 ~2 h# O m
case may be, was made in respect of those goods at the time they were accounted for under
+ g8 R, }6 w8 q/ E% ~& B D& a4 \subsection 32(1), (3) or (5);8 Y& d2 r- \5 H* P. N7 _
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
' }9 i5 P+ W. ipreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 h; r! N3 e3 m# b) Y9 E; {. laccounted for under subsection 32(1), (3) or (5); B+ g! O- y( m( }3 |+ [
(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 | q. F$ i7 c' S6 s2 T! e8 w
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). f2 A; V( f2 B9 c
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" N( \2 H$ q$ q$ R8 z6 zvalue for duty in respect of the goods and the determination has not been the subject of a decision" T% d1 m1 N8 d1 e
under any of sections 59 to 61;* e' s$ Q6 Q& ^3 c
(f) [not applicable to non-commercial goods];
$ f4 {9 Y' ] {: @(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 ]2 t! l0 p7 B1 U& G+ G
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 t3 U/ r9 x) T. x/ S' s0 m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' f6 x3 V( y5 M7 y( xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. f5 C" K1 W, o8 z9 S7 L
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
" ?5 W" i- e& O+ [- k- Aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.: C% L5 O7 L8 w7 x: X
(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 K" V4 S6 x" N(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
% j8 q1 N) F# H/ t& Hrespect of which the claim is made or otherwise verify the reason for the claim; and4 [1 H1 M; F5 l2 Z3 N
(b) an application for the refund, including such evidence in support of the application as may be% ~4 q% @. C- j, J+ `* D' u
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" Z6 ^6 Y$ S4 c, v s
prescribed information within& P& M8 a9 b5 H p
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 t' Q# k. j9 H" j" e
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 C; W* u% _. l- f$ G" _+ m(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 L# y4 ^! D! t. [4 n6 ?3 b5 a4 q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; Q* e; q: [9 G4 @6 Q, s
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, X& t1 k5 b2 b; [this Act as if it were a re-determination under paragraph 59(1)(a) if& {# L4 w: |# O9 }% h
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% |9 F2 d, v8 e) q3 u8 ^. _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ C8 T& M1 _- d* {. u" |
eligible for preferential tariff treatment under a free trade agreement; or& |3 H! |* r7 M+ x) a
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: S2 m& A6 g, A0 B ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is
& H7 W1 u) x9 cincorrect.( ]% n& o- Q8 z0 {
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& e" K4 O$ }' _/ _* w
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 N% Q1 r, F% B" d" X% o5 b0 V3 z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 X1 P" ?/ a" T# @9 Y% qwere a re-determination under this Act of origin, tariff classification or value for duty.
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) N3 ]/ D% a3 L9 y6 n这到底是说可以还是不可以啊? |
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