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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations+ o0 x, S+ i* g7 M& Z
上面说 非商业 进口 可以免关税?
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5 F$ {6 K+ |5 R( ghttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests4 ^1 r9 @& \% A2 ^$ C
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% E d7 ~1 A" G2 I& Qpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 J [" k8 H+ p4 ]- N2 G& Gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 `1 G# L( R) [1 a(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 l/ R# e( {+ L6 b% g+ O
Canada to the time of release;
7 B Q5 |: f8 B(b) the quantity released is less than the quantity in respect of which duties were paid;
% D& b& k$ z7 `% \(c) they are of a quality inferior to that in respect of which duties were paid;
3 [. s$ k8 f+ l8 p(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! t" [8 m4 B1 f* u# F6 Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" t l$ b1 D8 [
case may be, was made in respect of those goods at the time they were accounted for under; b1 ~1 Q, }9 ^2 `1 H8 }/ Y" r, K8 \
subsection 32(1), (3) or (5);
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' W. S8 E' J- |0 W# s(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" p& @! [$ X7 ]2 n1 ^. Y9 bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ Q& l0 w" R" m5 D: _8 l3 x
accounted for under subsection 32(1), (3) or (5);* K% g9 m4 x. \
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) J7 j) z/ M" V) H% g(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
! k* R' u- p, x3 S' m. W2 eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
1 [% [5 q5 w: Evalue for duty in respect of the goods and the determination has not been the subject of a decision
2 y+ z% B6 r" { ^- lunder any of sections 59 to 61;
5 F2 |3 B2 o- H2 Q5 H2 |; Q1 \(f) [not applicable to non-commercial goods];
2 `$ L2 j7 m4 a4 U, f$ a(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 V: `& f! C4 F$ @& @- t2 E5 y. e! R(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ N( t7 g" D( [0 Z7 y9 {
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( x: c) c& ^) A0 f, P" v. ?
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# _8 Y' u! `3 H6 U(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" o3 v( L( j' O) N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- X0 Q$ y- B' c6 p% T(3) No refund shall be granted under subsection (1) in respect of a claim unless+ r. B2 u! \" _9 ^4 f
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# Q( v& R* @& G5 @4 U4 c' @/ xrespect of which the claim is made or otherwise verify the reason for the claim; and
& i" l* i* I$ l6 a/ ^(b) an application for the refund, including such evidence in support of the application as may be! |3 R7 m! b4 a0 k
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ `4 w3 o3 a$ f2 @% R+ D% D% z" S! {
prescribed information within4 ?4 R3 _9 h: Z8 q0 k
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ C0 k- ^! G. f# ^, h0 H% x) n( e
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 T, ~7 l9 n1 t1 {2 U s2 D7 |
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 [4 k4 {0 t- l9 p1 p
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ X/ W. H( p& S( B X(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" Z" ~6 i# S T9 j! A6 ithis Act as if it were a re-determination under paragraph 59(1)(a) if
J, c4 W. I. s2 Q+ E5 i(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 |. S4 j: o' D, s% B" gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not, j1 |# C( u' J6 N% ^# s
eligible for preferential tariff treatment under a free trade agreement; or! O P0 x, }4 Z {8 r+ y( y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 I) i' R; J/ ~6 i% Gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
$ E9 O" n+ Y( O" P# [incorrect.' g* Z8 f# j7 V8 D: N" I
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) }& X6 b) k6 l9 H* m, r
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ U8 `9 w: o( S3 X1 O mother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ i% h0 N; f+ w0 Q7 k* I2 qwere a re-determination under this Act of origin, tariff classification or value for duty.
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2 a% Y/ j2 ^/ m7 z5 t这到底是说可以还是不可以啊? |
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