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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* b! h9 f: }4 f3 C5 u+ g4 b
上面说 非商业 进口 可以免关税?( |% S; h7 Q. k+ J
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ t5 ]3 D0 j& h9 r T
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% a' e" s% p$ [0 n0 FRefund Requests* b9 t1 F. o- F# C* F" @- C
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
i( l& M2 J( Spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
! H, t( X3 s+ iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
- g: J2 m3 d" N6 I1 J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 M a# X" W8 f- @$ E$ F
Canada to the time of release;
& L' p' L' @4 u& k* `! e(b) the quantity released is less than the quantity in respect of which duties were paid;- a6 h8 p. A& D( \+ P g
(c) they are of a quality inferior to that in respect of which duties were paid;
: o, v2 u3 T6 P9 _' P5 M# f(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) r1 M0 i& ]; \8 R
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: S5 c1 I1 ^2 `& \9 |9 u$ J3 Ecase may be, was made in respect of those goods at the time they were accounted for under
5 d$ M8 i# Y. U- [subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 |9 a' @& l0 c6 y! k
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 \8 b2 G8 a! C% p/ Laccounted for under subsection 32(1), (3) or (5);* F; v8 l% a' F. S) C1 r3 J: I4 T# W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: t% y3 }" x7 ^+ V6 w, V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 D" p/ s, M5 Y) T2 }) rof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 H, q4 s. Y9 T/ h1 Ovalue for duty in respect of the goods and the determination has not been the subject of a decision
/ D3 x- N( ~- h, J) |4 l7 V. X4 v2 Funder any of sections 59 to 61;) m% E$ F; `/ e4 p
(f) [not applicable to non-commercial goods];" S, Y- z2 O+ n( o) H5 V6 {* I
(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 q0 O: L8 h- f: C
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. y' ^' @( K& T( \on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 Z) z3 W7 U6 R: I" Z9 vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 }+ y+ E- k* h" U2 e# ~( Y; C(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ n" ~7 B5 ~, e* V Y# f, e+ ]
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.. G; B9 C6 C" \* ^
(3) No refund shall be granted under subsection (1) in respect of a claim unless. ~& X+ E: t j- E
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- ~& ~- B% t# a$ ^# Q( e! u" u4 frespect of which the claim is made or otherwise verify the reason for the claim; and& {, T, z/ D( H
(b) an application for the refund, including such evidence in support of the application as may be
4 r* A; n: H+ \0 {& x) r7 [prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& m. E) f$ e% p$ \ s
prescribed information within
- q) q. N2 P. t+ ^$ _ ~(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
: z1 C7 F. u+ C8 {. x6 {& kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 h1 @' m5 d% v0 e
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods b& u1 Y' Q- c `/ M/ M
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# k2 v) s, z; C(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! P& a2 s' N& r& wthis Act as if it were a re-determination under paragraph 59(1)(a) if8 V7 O8 I, ]3 Y5 b- O2 t
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ s. W+ k3 ~+ `9 c7 Rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 E; c# x) m# O- @eligible for preferential tariff treatment under a free trade agreement; or
) h( y( M7 G, \! o8 [(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: V) }6 H/ K# g7 N2 [( _. m ~* X4 u) i
because the origin, tariff classification or value for duty of the goods as claimed in the application is4 z. Q$ v; i0 k
incorrect.
& U' I4 r6 b9 B- E, D(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 _2 k5 \. x# G+ `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 g' h, B! `+ d' I. r' n
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ [* ^/ ^8 x8 ]# }9 l; Vwere a re-determination under this Act of origin, tariff classification or value for duty.0 `$ B4 h& G4 e# Q
I; | ]6 W4 M8 z4 j$ X0 l这到底是说可以还是不可以啊? |
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