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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 p2 K1 v$ o7 l% q& c7 P; ]& @+ {% k
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf/ ^& b5 G0 {! R7 ^- _; |
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+ Y4 b3 |$ `8 r/ bRefund Requests
2 f0 a* g1 T2 M74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. s; _9 T( ]9 M, r( ]5 e( Cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 x" r7 {: P7 S3 e
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* m7 ^, O1 b* E' G* D+ f/ _6 K(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" B' X. ? i) B1 a3 y' |
Canada to the time of release;
, _/ F, F1 V5 ^' z" J6 p$ \& O4 A n# ?(b) the quantity released is less than the quantity in respect of which duties were paid;, Z: f4 C% ^% Z
(c) they are of a quality inferior to that in respect of which duties were paid;
4 g8 _; ~' K! y' c9 Z; g# _; Y( I(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
% a$ _. P7 c( t. _tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 E4 {+ z m: R3 b8 |8 x; _case may be, was made in respect of those goods at the time they were accounted for under
1 o9 E+ \' Z5 D7 M" Hsubsection 32(1), (3) or (5);
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. r/ j, g ^- q V(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
5 z+ a* N" m6 M% E' q, o. Npreferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ L6 p z9 G, x5 |( V% {
accounted for under subsection 32(1), (3) or (5);
7 Y# [) E' a% k! j(d) the calculation of duties owing was based on a clerical, typographical or similar error;# Z1 q% Z/ Y3 l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 U' U/ }- s. g s& L6 ~
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! u1 O1 g; V# X6 x Z
value for duty in respect of the goods and the determination has not been the subject of a decision
# Q7 `3 c5 w+ [, iunder any of sections 59 to 61;
$ n/ a% e9 @) ]5 s: x(f) [not applicable to non-commercial goods];
: s+ u! S5 y5 N1 P) I& Y(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 S: e1 N/ R6 }/ d
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 G0 ^! m0 G" c! ?0 O$ Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 C3 V, e' Q& t% w3 Y, f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' [7 |% t4 b. A A4 a) [- m(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: s h, W( K& z0 `+ y$ W5 ~+ _unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( V6 k& @: Z; T+ v
(3) No refund shall be granted under subsection (1) in respect of a claim unless8 G" G4 ^4 i. C" w5 ~8 B) L
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
' ]! r8 |4 A7 }* B' irespect of which the claim is made or otherwise verify the reason for the claim; and
@1 O- m3 I$ z4 U: E2 [(b) an application for the refund, including such evidence in support of the application as may be
& ?5 K. d0 N5 P* nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the; H# l1 h. B: c
prescribed information within; B6 l7 _: v/ H
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 V! r) } q, p6 s. b3 Uor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% `/ p% F: |' O s4 b: g4 |( A(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 a0 o1 x+ c- J4 A2 twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! I9 F. v, Z0 M% I# r2 k. E, |
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ u; b, @2 s7 j$ \) J6 C& Gthis Act as if it were a re-determination under paragraph 59(1)(a) if
4 P$ J. B5 x5 f& h+ s# h! `(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, n1 N9 y1 m. d7 v8 v' u. R
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: A, t8 d( V4 C1 E
eligible for preferential tariff treatment under a free trade agreement; or
* l( o( H/ k* V% K(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! W+ I% |$ ` E1 V0 V6 E" q, zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
0 ]! P7 L9 m4 N" |8 y3 i! Nincorrect.5 m! v9 w) c5 v7 _' y2 S p
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, m) [% e- h8 w% x( m- W3 ^(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 F# p! t; r; h" }% V6 R- d
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ p7 T5 m6 W" p8 Q5 f0 N& O* ?% i
were a re-determination under this Act of origin, tariff classification or value for duty.' t' T. ^0 s' s0 i+ w: E) u/ k
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这到底是说可以还是不可以啊? |
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