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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! \1 f+ U+ V# H8 D* C8 f
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.pdf7 F' v( N2 m# Y3 ?" V9 y- M! e
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. R: _ c* |, m5 k E& V* e5 c. @. BRefund Requests5 g. Z* \9 t' |6 ]
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& ?; [) O1 T6 z$ }7 Y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part: w x( h6 o, {2 w1 G! Z4 q$ _
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( W6 {4 }6 R I* A
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: l2 r; E `; s+ N8 p1 M' OCanada to the time of release;
- |9 Z) |! N. [+ x# P(b) the quantity released is less than the quantity in respect of which duties were paid;
% F/ g. u& c' `: l2 J5 A(c) they are of a quality inferior to that in respect of which duties were paid;
7 l4 m7 |+ B2 l! q3 u" H0 I& K9 V5 ?: A(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: Y2 F% e1 _0 Q! S# [% y# y& Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 |; z8 O( ]3 v( S9 ~case may be, was made in respect of those goods at the time they were accounted for under
' f- k3 j I4 W+ M; ]8 g* S0 i2 {subsection 32(1), (3) or (5);' M/ s0 J; D4 U2 l
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
' o# n% x; F3 e' rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are* f7 B1 N4 Z+ [" I3 k% p9 _
accounted for under subsection 32(1), (3) or (5);
9 f6 ?) Y+ m# I4 `5 q9 k(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 b* L9 T9 T, A) T1 d. _(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 G( g1 l& Q0 [of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) V. ] C2 H9 g- Evalue for duty in respect of the goods and the determination has not been the subject of a decision4 V* R* X7 n8 }" y
under any of sections 59 to 61;- w' \ `1 G+ H1 N# Q/ q4 Z7 {5 }
(f) [not applicable to non-commercial goods];1 S' z/ C4 y# i8 L
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* M9 Z% r$ w' v(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 Z! W) X, W3 X7 S$ M& b% Aon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 s* x0 j) R! V
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ G/ f. x' {. u: t! {( x! Y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 {) T" w" o7 ~: L- M
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.# _7 t) N$ c; a5 D" U
(3) No refund shall be granted under subsection (1) in respect of a claim unless5 [9 E R/ S* O% e2 {8 H! M
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ D. Y# A( Q; j1 m
respect of which the claim is made or otherwise verify the reason for the claim; and
! \/ \1 {; P. E* u+ I7 o(b) an application for the refund, including such evidence in support of the application as may be
3 ], N" l z: D$ uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the; n! X$ ^, v" @" p
prescribed information within C( {- N+ M2 C, K0 s" J
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 I- \8 U* @ N& n7 w1 j7 s% x
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 ?0 T3 C+ @9 _* B% g
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* s! B( K6 C0 k/ Z; k- m7 x
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ w# W7 }- a: u& ^$ o. n
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 l8 K2 @# g! V& Y, q) J' P Wthis Act as if it were a re-determination under paragraph 59(1)(a) if2 k8 t( I3 ~6 c. z4 \4 x
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 D- @( w9 e/ U: B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
- X8 ~7 j# o8 \5 }! Celigible for preferential tariff treatment under a free trade agreement; or
5 \) E2 L9 ~1 `" ?6 ?) y; M) [$ }(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: ~5 j0 P* h5 r( ?+ u- \4 mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
5 {5 R" R0 n- W0 G: j- vincorrect.
5 {; ^6 k4 {1 H' e+ V2 l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 C W4 ?, g; V+ Z2 v. G(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground( C- y& G _+ h" q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: T) t0 E; y' H8 D9 _were a re-determination under this Act of origin, tariff classification or value for duty.# T; L: S& i7 w$ F' V: o& E; ^
$ }: p# Z6 k2 L6 ?% S) Z这到底是说可以还是不可以啊? |
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