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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 e9 z* z& r* V9 u4 a- W1 r
上面说 非商业 进口 可以免关税?
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" i- |6 q; M+ O4 y ~http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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1 }8 I, V2 X( N! dRefund Requests" Q2 M/ O2 O g' r6 S0 [" |
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: l1 H" O& \/ G+ R+ C5 P
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% k0 M5 V' Q3 f4 v- k; Yof those duties, and the Minister may grant to that person a refund of all or part of those duties, if1 P* ?( ^7 E. [5 g
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 J" U; S E; _0 ?$ _1 U1 PCanada to the time of release;- ^4 X G r: h9 z. `5 c
(b) the quantity released is less than the quantity in respect of which duties were paid;
. Y# x( N7 \' u3 R% m# f+ ](c) they are of a quality inferior to that in respect of which duties were paid;
( j/ i+ L" ], p/ x: u# r. x(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: I$ s! R) s; ?
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ r/ P) ?. t) i% \" _
case may be, was made in respect of those goods at the time they were accounted for under
+ ^- D1 r/ p3 \0 U+ ^! usubsection 32(1), (3) or (5); _# o. b8 A6 Q) W' a& v
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" h7 m9 U) P$ a5 g9 X" v. D$ }. Mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% o0 W. W; {" x( z3 |accounted for under subsection 32(1), (3) or (5);
% |* O5 f n0 y(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 d+ M9 C) v4 P* R) G) K! l) O(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' L9 Q. l; b# D0 f$ i6 gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
1 Q- l4 x) n4 s: T6 q ^value for duty in respect of the goods and the determination has not been the subject of a decision
2 ^% f+ e7 C3 E2 Aunder any of sections 59 to 61;
: j* }' h/ _/ I( n2 U. A; q(f) [not applicable to non-commercial goods];. I5 L, R" B, l7 l: h& @9 h8 K
(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 w7 m. K' K( T U- w% W
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. s- a5 }& d3 k0 S" K2 a
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
- N) k" a0 o, U8 Vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 A, @0 F1 u+ C
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 L3 o$ ?* S6 H, }unless written notice of the claim and the reason for it is given to an officer within the prescribed time. {* G& G# J7 `1 V2 u- N
(3) No refund shall be granted under subsection (1) in respect of a claim unless
& I2 ?' r* p$ M(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( X' ? y& q9 S* W
respect of which the claim is made or otherwise verify the reason for the claim; and
; I. `$ I4 U& y/ D) A* z(b) an application for the refund, including such evidence in support of the application as may be
0 l3 W$ [; u+ U1 Q( w5 L0 L( R sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the/ C4 X% I s$ u- M/ \0 e
prescribed information within
f, c, H: _6 @& E: u# ^: C( z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& g' t K8 t& p2 For (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' C3 h5 q8 N% \* n6 A3 a: q, \
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! O' A2 h& K7 d! e* J# ]were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ j! C5 R9 \) D: U: E(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; F! p( I0 `6 Z/ k( h
this Act as if it were a re-determination under paragraph 59(1)(a) if; a$ P5 {4 {6 g( h6 [4 E3 G
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; Y5 c( H, Y B# |! xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: n' ~) T- ^( r. a$ ~
eligible for preferential tariff treatment under a free trade agreement; or* n/ E' a9 G* Z: S+ M& w/ R
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 R( X4 x g7 mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
) X. Y2 u" p! `incorrect.7 F9 o1 Q: |& X. r9 U ^5 @
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 I( x: \4 @2 z8 V! w+ O( {
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 _! @2 {. u9 p+ w! ?! Eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 C% N4 A) {- r8 M1 c* f! S' Kwere a re-determination under this Act of origin, tariff classification or value for duty.
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5 G* c! S# w) ?) [' U- M2 j& H) a这到底是说可以还是不可以啊? |
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