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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 N, d' R" f4 G. E/ `$ k2 q
上面说 非商业 进口 可以免关税?6 R/ D. D7 w! W2 m; W
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7 g6 t, ~( L7 h( K" ihttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests. P: @& v# C( H: [) `7 }
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 G' U1 \* a- W
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 q; ^+ m0 t' S) O, Gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ R) Z- g- L9 a4 L! t( e' r
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& B1 _- I4 R! q- u! v
Canada to the time of release;& S- N; M' O3 v* f, M
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ G, l$ _+ W3 b* a4 N& k# a8 A/ ]( ^(c) they are of a quality inferior to that in respect of which duties were paid; A9 h8 Y" r, ]7 s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential1 C6 U8 ~( g; r4 O- W
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 U& v4 U$ X8 O! q D7 k: ?
case may be, was made in respect of those goods at the time they were accounted for under
/ I' N3 j. p% f: o5 G8 Ysubsection 32(1), (3) or (5);* u* ?/ x7 X( D1 w
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$ K/ n# A2 `( [(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
' d" O& n7 t! S- i2 ^) Fpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are& i& ]5 `$ j% D
accounted for under subsection 32(1), (3) or (5);( [$ P7 W6 Z/ g# e/ D8 v1 E
(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ n. H' j: f" P- I( z. G
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
! C% P+ U8 N/ Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 [( M% c8 C+ z1 N1 N" t
value for duty in respect of the goods and the determination has not been the subject of a decision
9 J; d; ]1 f7 O: v* sunder any of sections 59 to 61;
* \1 }( Q8 a% A4 ?/ u* T(f) [not applicable to non-commercial goods];
d' [* |2 Z: D) m(g) the duties were overpaid or paid in error for any reason that may be prescribed.; j" Y5 h6 v0 W; R4 e( k( I" h: h
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 [. S ]% z& ^0 V t) N3 K
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 d# E2 X( O+ l& s3 {
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 |' f; g! q0 ]8 _(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% ~- q3 \, F5 E+ ]: |& x
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# i1 F6 r- l5 ~3 b0 v. h(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ `5 n* ]) D+ z! w' Y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. f, n& `# K. O% X2 a' j
respect of which the claim is made or otherwise verify the reason for the claim; and
/ }2 @- P, m* q(b) an application for the refund, including such evidence in support of the application as may be) x) `& q0 D2 ~# O. E* G" m( W; L
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: D! n" h9 v9 o; s! V3 l8 |
prescribed information within, p; V1 d$ y5 m* d( D2 y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' L: K! a' ~3 N, h9 {( q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 S( D& o. I _; G# @; x" s
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods" e% Z/ Z/ H+ d5 v$ D
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
5 o, _ }0 J3 d/ v& ]) E0 J(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! L4 z5 L( S5 u
this Act as if it were a re-determination under paragraph 59(1)(a) if
; [( v$ w7 k/ j- s4 {* H6 X(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: G% B4 \5 i; W0 n6 ibecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& S6 x/ \: B: B, O5 c/ b! G* l1 @eligible for preferential tariff treatment under a free trade agreement; or8 _' \1 s; l$ @6 C$ E
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' R% w5 r) O4 O" Q' r, h* f zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is1 t: j6 w* K& m/ |; U( ^
incorrect.
7 w7 C% d; ~& i! z" F3 u# m- z0 Q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; M1 q" s7 Y i4 M
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ a3 k6 N, {' |' J3 P6 {& q2 {6 J
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% @' b) F5 ?. F# V P# a/ t: ?were a re-determination under this Act of origin, tariff classification or value for duty.
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% ^2 [% [0 [6 A/ M: D这到底是说可以还是不可以啊? |
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