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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 r1 }# p0 ~$ ~: b$ h
上面说 非商业 进口 可以免关税?
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6 g) W, J4 F+ m9 |9 `9 L& Fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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' G/ g1 L, k8 k0 J6 c5 x! H6 VRefund Requests
- x% B" u2 d8 E" \, `5 l; s74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! r1 e% w# i/ {3 B T& ?' i
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' H$ j' {0 \ Y& b# D" H( g! Hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if: m3 a: G% P( _; T" x0 _
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: o# w0 F, A, F
Canada to the time of release;
2 B* ~0 r& S1 c(b) the quantity released is less than the quantity in respect of which duties were paid;
8 }' I6 _+ [4 B( P, |(c) they are of a quality inferior to that in respect of which duties were paid;% H5 n6 {9 F# S/ ]2 i4 U3 \
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 X7 [: n, T" L+ J- \+ y! U& |& S
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% `7 x" M9 Y' T7 d
case may be, was made in respect of those goods at the time they were accounted for under
4 @# k; C$ }8 x, j4 P" _7 F$ csubsection 32(1), (3) or (5);4 v6 `' `' h/ W: ~
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
/ g6 s" Q8 W% [& Z7 g7 y+ ^2 bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are' x; R4 m9 u1 y
accounted for under subsection 32(1), (3) or (5);
8 ^$ P4 N* z- y, b' w(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 Z q8 \/ N- Q0 I3 a
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 n, B4 P' I) D7 } \
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 U2 v3 R% h4 r' L* u' g
value for duty in respect of the goods and the determination has not been the subject of a decision& P$ {, u, S! h2 X" Y7 T
under any of sections 59 to 61;
5 }: J z9 o& q0 B+ Z8 r+ Y(f) [not applicable to non-commercial goods]; \* H' i* ^$ Z+ }% H; Q/ r9 ^
(g) the duties were overpaid or paid in error for any reason that may be prescribed.) v0 {9 W: ~, c% ^+ Z7 |4 w; T4 C
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, f) Z1 ~4 v& |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of' N8 R1 j' e( t5 G
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 @7 e# y2 D+ S" w' l. w9 S
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 ^0 Q% W- I& `2 J( ]9 j2 munless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. g( _$ C1 L) q5 i u: u(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 ^) M6 L% p' x1 m6 y) z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
u4 _1 q* N4 E; f" yrespect of which the claim is made or otherwise verify the reason for the claim; and7 `' H5 \6 e& [
(b) an application for the refund, including such evidence in support of the application as may be
2 Z1 Q" F% E" @prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% ^" i# a* Z! I; \prescribed information within: y' _) \0 Z' ~+ U3 l/ G
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" o+ u, ] ?# y/ \2 ^or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: o! h. S2 w( p" g(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: x( k) ^ c# d$ z7 s
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! E: N+ c7 G% K7 P* I(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% \) U- E0 {$ l6 _: k1 T# qthis Act as if it were a re-determination under paragraph 59(1)(a) if
: v3 }: ?6 H4 t+ K9 Z/ d+ E% d+ x(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" b6 n' g! H c2 o7 gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 n6 s. }& l& oeligible for preferential tariff treatment under a free trade agreement; or6 A v- ~$ c- A! {
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 f! P3 i) }/ }7 j" {# a% T
because the origin, tariff classification or value for duty of the goods as claimed in the application is
% G4 c9 b+ f( u) X5 U. t/ xincorrect.
" O' N& Q1 X0 N7 ]- N. J(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 g0 i- {2 b2 ?/ i$ I* X
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 d( e, [" c7 B8 V
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 }8 X- l5 @% X' h }/ z
were a re-determination under this Act of origin, tariff classification or value for duty./ ~; B, H4 y& u5 u! `
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这到底是说可以还是不可以啊? |
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