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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 i+ t6 i x; k- T4 U; X/ L
上面说 非商业 进口 可以免关税?1 r5 x% z% ?6 r w
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( G+ x) V) o+ Xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( Q1 |( Z7 W& g+ {9 _- y
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Refund Requests3 ~" [8 B6 @, s( F O9 H
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# H$ c, P7 ]+ u* r( T* \paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 U5 d0 Q4 d3 l
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- ~; @# N# h2 J, O/ f% }7 k8 f& V. r
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 K! o. k6 ` h: t3 ]
Canada to the time of release;9 M T# S; N L1 k& L( m
(b) the quantity released is less than the quantity in respect of which duties were paid;
U6 b0 t( j# ?% ]8 J+ [, v(c) they are of a quality inferior to that in respect of which duties were paid;# F0 f7 ~) v: H" ]0 y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; n4 H& A6 c1 k: r
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
d; u' Q! A! w2 i; Mcase may be, was made in respect of those goods at the time they were accounted for under
5 J0 c) m/ e6 T S5 Msubsection 32(1), (3) or (5);7 @9 v2 H$ Y, P. E
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[. r% h( m6 I+ [# p& Q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. Y5 r* Q) i n" K; b) F; B
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ V& n; X, l/ I; d: ?- y# ~accounted for under subsection 32(1), (3) or (5);
7 i7 Y4 p0 U# |, u7 s& @! O Z' r(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, J8 W& N, H8 j# }. \/ _(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- F$ L# [$ L' a+ X" C3 aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( ^. c! I# |' N5 V. W# K
value for duty in respect of the goods and the determination has not been the subject of a decision
9 w6 A( I% [) k" @3 Y1 eunder any of sections 59 to 61;
$ x, a2 U! r% W# q( z) {(f) [not applicable to non-commercial goods];$ ~" } @) X S3 C
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% K3 @& a% }$ [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 ?: n2 _4 l: K' J5 s
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 X1 S) A- s" Y8 `) A, i
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& g8 x3 t' R: l2 H! _$ J) m
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim/ W& L; a# X6 w: q/ O U0 j7 Y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: t" W, T* o; _. v$ ](3) No refund shall be granted under subsection (1) in respect of a claim unless9 W5 q5 ^3 U7 `" a$ M$ z5 a. t" ~2 j
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 U2 r7 J2 p9 Jrespect of which the claim is made or otherwise verify the reason for the claim; and# y, P+ h7 C0 U0 H5 `
(b) an application for the refund, including such evidence in support of the application as may be" a `7 G- U3 `! K5 g
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& b% {' c/ Z! B* `8 T7 e/ O! b' ~prescribed information within0 J3 \( h3 u& z4 }
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): R, c7 }0 q7 ^
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% b* l$ L/ {4 p8 c& q4 _(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 {/ Z O9 [- D7 z; vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ v9 p8 E) [& X& Q; b
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, N9 l; c+ S0 a& }3 B
this Act as if it were a re-determination under paragraph 59(1)(a) if
3 q5 ?9 _! j# C$ I. u5 Z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied- ]7 @$ n2 `# ]) J6 q% A
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not- T- J- a" z( E1 B; H8 p
eligible for preferential tariff treatment under a free trade agreement; or6 [, J6 X8 I0 x2 Q7 n4 M# U
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 \) D. t$ S% N# Q [, K
because the origin, tariff classification or value for duty of the goods as claimed in the application is( N3 f. V: o- n6 B6 w, ?
incorrect.
# V) d) I( S* X: V% c9 Z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 S2 C/ |" B5 @; x \* B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
, v6 g L2 r, c/ A. L5 Wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
Y9 a# ?6 |7 V rwere a re-determination under this Act of origin, tariff classification or value for duty.
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! i6 h& @; U y" I i( i& I# o' `, Z$ y这到底是说可以还是不可以啊? |
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