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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 v( f( i; t( w F1 J; ?9 ?
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; B: A# Q2 v. C( d+ {
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% K) _/ t: B- `. ?& M& IRefund Requests
$ ?8 f7 O, |0 C" z/ B) `. V74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ j. F* y1 u: ]1 w* {9 k
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 v. o# v# \3 O7 f U5 C
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if* W) P H: }2 X: e. Q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% R! f, l; F- _* Q! l- T ^# W, lCanada to the time of release;4 ^0 @+ Z9 r7 Z9 V1 F% S
(b) the quantity released is less than the quantity in respect of which duties were paid;
4 [* a5 J& N5 P% z. H! a(c) they are of a quality inferior to that in respect of which duties were paid;
7 Q- l; D Q8 J3 w, |. k* O2 \(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 t7 L% R. T1 H8 C/ K- Ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" X/ a2 ~& }1 F7 O) C' V. \case may be, was made in respect of those goods at the time they were accounted for under
: W6 X; g# B. |2 m T2 ksubsection 32(1), (3) or (5);! ?; {% ~* m$ V- o+ R) F
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 A; Q# K- |. T4 T
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; y% [7 S* A' K2 Y8 S+ H+ [% m6 aaccounted for under subsection 32(1), (3) or (5);
' X1 a6 n* f, O6 B(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. @: S/ M7 @ _9 P+ x8 d3 k. o+ R8 R(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), Z: m* E8 |5 Q; i# K: L I, D1 B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ L; M. c2 ]" U" N) h
value for duty in respect of the goods and the determination has not been the subject of a decision
3 ^9 B+ w4 w4 n: X' iunder any of sections 59 to 61;1 {; `2 w9 T, p8 r9 [$ {9 G
(f) [not applicable to non-commercial goods];
& E4 _% c. T! W6 P4 }(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' ]% q* a* w' n% i2 \. l- j(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( i, C. d# d N! f* }8 {4 w
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ m' j4 v/ v, V% o- v6 z3 H1 ]
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( A0 }, K C3 t2 M" K, ^1 d7 A; j(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
# R$ S6 {3 t0 }, A( Y( F/ O munless written notice of the claim and the reason for it is given to an officer within the prescribed time.* t4 j! K+ v/ x! w
(3) No refund shall be granted under subsection (1) in respect of a claim unless/ ~! G/ j5 t$ O0 w! G" y. H
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
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(b) an application for the refund, including such evidence in support of the application as may be. x6 H( m4 I, R3 Y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ V& F2 f" P/ R/ z$ J" Jprescribed information within
) Q5 Y b8 m5 h6 h' [(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ V" B$ {/ a/ {or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* i4 k; i8 R/ ]. i7 L" q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 t# R/ x; B9 `3 j3 xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
o+ Z9 s( z5 ^9 z" b3 K1 t(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. d; }3 V) X, H$ ~ s* Q* l" ]
this Act as if it were a re-determination under paragraph 59(1)(a) if* ]! x5 D6 c: l) N& |* X1 H1 y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 t! Q( V% U, R( Y- |0 Wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 h5 b7 X* a+ A' |! B( i4 Aeligible for preferential tariff treatment under a free trade agreement; or
* O# {: w2 R5 C* H8 h" r( M+ [(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 d/ J/ e* i1 hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is3 Y# o- I5 C$ e) H6 S% J
incorrect.
& e. K- F* z& U% L7 d, q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. B( ^4 a9 d( v& T2 l4 d3 A0 ?
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 s' J3 S J6 ?
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 H7 Q' a% _1 n+ W& S
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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