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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* W, }* q0 }8 e& p
上面说 非商业 进口 可以免关税?
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/ W4 i7 P3 Z- D: v8 u; U7 \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 F- q* a# Z( ^$ M% b8 `
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% O& h2 K$ [/ _+ WRefund Requests
0 r2 C2 ?$ h% J' T7 C/ \) T; i74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 H( e5 S' o1 U3 Dpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 R* ]8 F6 x7 D6 r3 H3 u6 R/ f4 Hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ A2 t9 l' V0 E(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! ]4 q) k' j4 u8 w" J
Canada to the time of release;
8 u7 ~! _6 r# |7 H% p; i(b) the quantity released is less than the quantity in respect of which duties were paid;$ C5 K$ W7 @& D8 \- Q- ~; L
(c) they are of a quality inferior to that in respect of which duties were paid;
1 v" D- ^ R+ g- ~8 Z$ K/ J: P(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. _+ L- w4 V7 \5 o: q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; D8 A" h q9 h7 M
case may be, was made in respect of those goods at the time they were accounted for under; O. U1 \9 S) H$ t! d
subsection 32(1), (3) or (5);
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% d) p9 Q9 Q$ R2 n$ O& n(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% u6 I# W9 s/ zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ }& o! X7 V" X+ O; r" q2 ?+ Y5 R
accounted for under subsection 32(1), (3) or (5);# M$ c. y# Q+ Z% H8 \5 u" w
(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 n6 T, u7 Q/ b% S; `" b$ l4 j
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ T9 r& V ?; h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ T9 m1 d5 @8 b1 R3 x ]) @value for duty in respect of the goods and the determination has not been the subject of a decision
8 a7 B4 X6 ?6 uunder any of sections 59 to 61;
+ F, Q i \$ V(f) [not applicable to non-commercial goods];4 P' Z U, x8 [. g. ^8 O. {
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' p6 g! u4 g4 ^6 \6 U0 ](1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" w: Y5 c- ?8 c2 p! K+ P: g/ A
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ m. _5 A+ R$ m- Z/ B& ~' Bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. H6 r8 ?; I# h* z+ D
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; }5 H a) Z5 g' b8 A: L! ounless written notice of the claim and the reason for it is given to an officer within the prescribed time.
; J* c$ G5 Y% w8 P(3) No refund shall be granted under subsection (1) in respect of a claim unless( _9 b6 j8 Q) u; q! r- K+ r3 B
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 E' T& {$ l4 w# }+ D# srespect of which the claim is made or otherwise verify the reason for the claim; and
A" ~& S4 j1 Q% v/ A) a+ e(b) an application for the refund, including such evidence in support of the application as may be7 E7 L: R+ |/ `/ D( C7 a. p
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 h' Q, \# ]- v7 F& s
prescribed information within6 D* K) \$ M3 V( l7 q
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), _5 [* [/ F. D7 B1 d. B& H, G
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 q/ ^$ ^4 F) Q9 L/ ^
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: B+ o" }$ _+ R0 G5 C! z& w* Nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( i% F* B* c, K% p3 Q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) I! A2 g2 d' {6 {8 jthis Act as if it were a re-determination under paragraph 59(1)(a) if8 f( \, ]- C3 p: }% u$ _& u; ]* t
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: u/ x" c" V. P8 sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ ]$ {9 q& ^# Deligible for preferential tariff treatment under a free trade agreement; or, ~3 m1 l# p0 Z0 N$ M) N
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ W4 k9 X/ J: j: I! I3 ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
" n* }1 |# l; K) u1 s2 eincorrect.
# g3 y2 u" M/ W$ l, w8 s: T, u(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% W; ]! k, }# R6 v Z* e
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% J; o$ `' ^8 ~ q* o
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% D& {- j, D2 K9 ^/ pwere a re-determination under this Act of origin, tariff classification or value for duty.# e8 Q$ z8 t3 I+ }6 |
, b8 }6 n8 s: l5 g$ g0 k. T这到底是说可以还是不可以啊? |
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