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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 }$ X q3 B- n
上面说 非商业 进口 可以免关税?5 `! V2 i; g! |' J; R6 x
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 w7 g* m$ ~1 x: J$ _
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Refund Requests n/ D6 a( R* b+ d# I; S+ r
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 U# U. m5 h- ?0 F3 G' Spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. z- ^" f- C, ^of those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ M+ |; J' C* k( W- B+ d
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to* l9 F L+ q& ?* n/ {0 K
Canada to the time of release;
! z8 v6 `! R5 o2 ~1 L(b) the quantity released is less than the quantity in respect of which duties were paid;
! ?8 A/ R- u$ n1 q5 V, p(c) they are of a quality inferior to that in respect of which duties were paid;
+ ~5 w; _0 Y( ]$ @(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
% a3 U$ B: z1 u$ {' a7 E- Ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! h0 H: S# P* Dcase may be, was made in respect of those goods at the time they were accounted for under
- f' h. |' [) Y, U$ Isubsection 32(1), (3) or (5);
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0 G* q5 m7 ]# f1 {" r6 a: [(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( I# M2 G b/ D9 u# I# a2 p
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 `7 Z, a; D9 r1 E. j% Caccounted for under subsection 32(1), (3) or (5);
! a# O0 W& Z" U/ z(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" R8 e1 N0 H" h- F1 z" f(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( X5 F+ n6 k- j4 ~( K" V2 D8 {" P
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 t* y2 x. {3 A+ v) [
value for duty in respect of the goods and the determination has not been the subject of a decision
+ R0 Q) @0 \8 d% A! tunder any of sections 59 to 61;
. Z+ Q" E4 H( g K! _; r(f) [not applicable to non-commercial goods];# ]3 ^+ D7 S9 n! ?# ]3 \
(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 D5 a$ C: Y5 R2 O& Y6 R& e
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ e& |0 l9 a3 p+ Z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; X+ x, ]0 \7 o$ @/ Q8 V
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' F8 ^) ^) f$ k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( y4 ~, q8 h+ Z# r9 t
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
z( z0 p' i N- g% r+ t(3) No refund shall be granted under subsection (1) in respect of a claim unless
& q |5 ^1 u( n1 O( _0 O(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
{: Q: D) Z) f; `0 orespect of which the claim is made or otherwise verify the reason for the claim; and+ _. Z& t+ R# ]
(b) an application for the refund, including such evidence in support of the application as may be
3 z# j8 {: P! N+ v# }1 b, I7 Gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. x& z/ L% a6 q3 \; [9 Mprescribed information within
- v0 e% }% `6 `( g: g(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 a7 O5 l& @' i' u! ?# [or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* [" D! Q: i2 X& n- J' l1 E5 x
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods z6 F' D1 _# ~
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: B& F5 ^- _1 V. c( F
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, x, N' a5 q2 h) v( L" J# g
this Act as if it were a re-determination under paragraph 59(1)(a) if
: Q$ v( W9 \$ J c(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 Q0 Z9 [$ Y" h9 I' u) c2 X
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ e* i* T( A: Feligible for preferential tariff treatment under a free trade agreement; or! E" w1 L4 F/ ^9 h
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( I: z: V& H# k8 ?% N3 i9 m- A8 `# ~2 Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is
- v4 u: o- X$ z* D& vincorrect.. n! I6 m! o6 p4 z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! |" w% q3 y0 [4 d& r! P6 p
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# _5 y, N/ k; x+ L Sother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' A6 m: D8 S+ N E6 J! Z
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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