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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations+ Y! l! T! p- O* ~! M
上面说 非商业 进口 可以免关税?" b6 V0 R9 P# W5 H/ w! D% i9 y+ C6 L
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9 p3 }# ?& q x5 H5 Y# Bhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests5 S2 [/ M c# @% m* L2 s, S
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 s7 \3 A3 }" e! F
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# W6 [- W% @" w. c8 ~4 `( F6 @/ Lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 [9 Y# z h- _+ @9 x- y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
W6 ^& b4 ?( K/ j- q6 qCanada to the time of release;1 H+ }- X! J, F) Z6 o: e, P: n$ ]
(b) the quantity released is less than the quantity in respect of which duties were paid;6 A; e* e. b" Q% r3 M
(c) they are of a quality inferior to that in respect of which duties were paid;- ^7 F8 z/ d& B/ R" a v; ?
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& p1 l h2 F }$ L1 g, O6 V7 S
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 j" Z/ `1 Q. U2 Y
case may be, was made in respect of those goods at the time they were accounted for under
0 Y5 z0 ?" O$ q# g2 T4 v! O' ysubsection 32(1), (3) or (5);
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# q$ n0 J/ ]' b B. l- a5 _. b2 o(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 q! C( k2 e: e7 q* D) apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& [" W/ d) k) T9 o/ t# R8 ^# D* eaccounted for under subsection 32(1), (3) or (5);% Q1 D, d! s- I1 F' f
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* V& e* U, P! f5 n* G0 W" ^( V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 ]9 d$ ]6 g, r4 }
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! W( G! K! y: M {6 i7 Wvalue for duty in respect of the goods and the determination has not been the subject of a decision' d' }7 h- k1 {1 Q( |
under any of sections 59 to 61;
3 |) |- ~) R3 P. _% y(f) [not applicable to non-commercial goods];
4 Z" k8 a+ `/ e( _6 Z" L(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 S$ Z; U9 W$ P' h: x4 ~
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ x- J [- b/ q- W( y1 n/ B, k$ j6 ~& y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ q$ g# J+ [2 i8 D, D% A+ {this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).2 v. V! S2 O8 M
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; ~* p+ e# B& A3 N9 Vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: m5 z; s. h3 h, R) M0 M(3) No refund shall be granted under subsection (1) in respect of a claim unless4 |: y- b# d; R+ r$ I) y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# h. C, K6 e4 q; `* ^' j1 B) k/ Vrespect of which the claim is made or otherwise verify the reason for the claim; and
7 B ~- X$ f4 j" L(b) an application for the refund, including such evidence in support of the application as may be3 z7 z( ~" u% d2 Y) P! `- g8 n. G
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ T2 \+ ]! I: s- Q. ^
prescribed information within
2 ^& j& M, i1 w; [! @7 d- U(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' \$ ~6 c) j6 \0 _
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! V" J( u4 Z7 Y' Y(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ q& g# k6 w6 d1 ?# cwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; [- s" m3 J5 P3 L4 Y7 Q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ P( ^1 Z1 } x, U6 y
this Act as if it were a re-determination under paragraph 59(1)(a) if
, O7 L" E( T$ p6 l4 d(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 N h' [6 M, f5 ^3 q/ y! [because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
- M: \7 V$ V+ X$ ieligible for preferential tariff treatment under a free trade agreement; or
$ y6 S- L; H0 Q, x(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: V& D! f! |7 c; i" M2 `# gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is2 V, N/ \+ ?/ W, W9 m" p
incorrect.
/ S: Q" x1 q: \! m! M* D1 C(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
# s5 i/ Y |& S: b5 B' P' X" q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 J, J" O9 ^: S f0 e! N1 S/ P. B6 Aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" _) k. [% h% Y2 s& P2 B( E/ Z
were a re-determination under this Act of origin, tariff classification or value for duty.
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" F$ G& Q! ]1 t/ m; U3 F这到底是说可以还是不可以啊? |
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