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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* u7 }; G- z9 o8 P
上面说 非商业 进口 可以免关税?
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- e h8 Z4 k% w, [http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; j- P- ^* P. D" K
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: ?8 w+ e- K* M8 k( IRefund Requests
0 G2 v- _; C# \( Y. x$ T5 |74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who6 _- K5 H- f+ Q0 e# g1 K
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) U; O# g! v/ _2 F5 k4 u) nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if x. t" O6 |- i
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% J: M |4 x& p1 u
Canada to the time of release;% S1 c! I' t. e; N Y: y
(b) the quantity released is less than the quantity in respect of which duties were paid;
# {3 g9 b8 o( [5 d(c) they are of a quality inferior to that in respect of which duties were paid;: G, A- @) [$ p! y# n! ]& P
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential' l* Z1 j. |, x. D
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; ^) X+ J. S; n7 t. D! w" D7 T/ ecase may be, was made in respect of those goods at the time they were accounted for under2 Q* j; y' o3 [3 m/ C* b
subsection 32(1), (3) or (5);# c/ K W5 c+ f. K
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 X, U; C) L" f. v
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are+ [# [% o9 i7 j' a5 `# i
accounted for under subsection 32(1), (3) or (5);
* S/ k4 S' C3 @; m O: X6 @(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 I4 S/ c2 {) }% _0 z+ [' `(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 X2 o9 _! L: Xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; d$ h4 \. \/ \0 l$ V
value for duty in respect of the goods and the determination has not been the subject of a decision1 D, H. C! ?7 V: i& O5 A( n
under any of sections 59 to 61;
# Z/ P3 y$ Y; L9 @& P/ J(f) [not applicable to non-commercial goods];
( @% B6 H( P |; @* _( \# I* a(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; @8 A1 P) v% L+ E(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% T/ o* L* o5 D) P% v2 v7 Z% B& xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ _2 k S2 a/ P$ {5 |$ T
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 V8 n# B3 m; y# W0 D(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 A; N1 u. A5 ?, Q: s3 U9 X# F
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ D4 ^. H6 n$ V. F3 q3 R(3) No refund shall be granted under subsection (1) in respect of a claim unless
, }7 t( I- e, b) u( k(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, \$ D' q/ H- r
respect of which the claim is made or otherwise verify the reason for the claim; and
% O' l6 c8 v6 k6 p6 u(b) an application for the refund, including such evidence in support of the application as may be
+ P6 @; ^8 X S5 f0 R8 P# y$ o6 \prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) v# O: S& ^1 E, z% w4 `
prescribed information within
' ^6 L# M" p7 T(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 b, m: Z+ s( z t6 }, ^0 n. Kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 ^6 ~( u5 p: c; v Y' Z" \3 l
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) r# l5 h0 K4 j6 ?were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% G& e8 t# o8 }$ X(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# g! n6 Q+ v) H+ z$ Cthis Act as if it were a re-determination under paragraph 59(1)(a) if
1 q; K) O. `& T" B2 N! \* s( I(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( O* f2 R) N4 g# V P" d. H& _' @
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& ^3 W Q! B. Y; heligible for preferential tariff treatment under a free trade agreement; or
* i, Z T4 R3 |2 f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 F1 Y' Q! G. R8 X3 V, T
because the origin, tariff classification or value for duty of the goods as claimed in the application is
+ y+ g; @4 {# B4 yincorrect.
1 i L. l* X* N8 r. n7 E! I(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. v9 ~5 X5 |% p' u& ^6 h(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" `# C/ u& m" Uother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' G0 A0 ]% I0 t) S
were a re-determination under this Act of origin, tariff classification or value for duty., E; Q6 J$ Z! E f& x4 M1 w
6 \7 i9 L; B1 z/ C这到底是说可以还是不可以啊? |
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