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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% s8 r- a8 G* C9 I4 s& M
上面说 非商业 进口 可以免关税?
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3 f2 q5 F- H7 E* r8 A$ u5 Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; W ?+ t/ z! {7 j i
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Refund Requests' z: T6 Q/ v; ^0 n3 \, f
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 N" l* d+ X. S! ?8 b* W, Ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part: }; _1 R2 }5 l( f- V
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if o! m: j. o' A4 a. T a# V
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. t, ~" s* p! x5 o1 O QCanada to the time of release;
# J2 M4 A8 |3 S/ X(b) the quantity released is less than the quantity in respect of which duties were paid;$ g g# [6 |5 V5 k
(c) they are of a quality inferior to that in respect of which duties were paid;, }% {6 P: L! y; n7 l
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 k* J% H3 [1 s6 ~' m7 W
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) T2 J* l6 R1 n" Q! a. i' U
case may be, was made in respect of those goods at the time they were accounted for under- S4 C, X* C" x! o. a: \
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for" f+ |& k2 F( |& y0 v
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. i4 h6 Y' f9 kaccounted for under subsection 32(1), (3) or (5);# O8 ^4 s# L) C+ M! J4 t2 W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 @; B3 v1 k- Y- G9 E Y8 S' ?
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* a( r, G$ @4 \( Q6 L) x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. ]3 k) n2 h( Svalue for duty in respect of the goods and the determination has not been the subject of a decision
9 C$ |( [' i+ e+ j- ^under any of sections 59 to 61;
9 d) [8 z c' a: h6 M# j( L(f) [not applicable to non-commercial goods];
4 i" r0 t7 M" M2 E(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 n1 v+ k Z! }9 R4 @
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; F9 W- x" e. u5 B9 Z: Hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of* b3 [/ B2 G3 s- U& ]. v0 P
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 W( u+ F0 d- f# @; x, b8 j- o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' T* `: d* z# H( Z1 g3 W( z' f5 punless written notice of the claim and the reason for it is given to an officer within the prescribed time.; ~# g1 e2 V1 f+ ^6 t
(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 `6 m2 X+ N8 E- }, d* w2 p' n, e6 n(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( T0 G' v. a% B1 _2 y" Z
respect of which the claim is made or otherwise verify the reason for the claim; and8 o5 L) P' }: {/ B7 \
(b) an application for the refund, including such evidence in support of the application as may be! _+ _/ O K! B* ~+ g4 p8 ?. H
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% u) T3 k `( L# U2 N
prescribed information within
% Z& Z/ h8 h( |$ }9 \- @2 w: k( b(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
. D2 u. |$ M# V* f8 For (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 q$ h) k/ D( {2 t9 h. `
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
$ {! U# b% l# g0 dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
5 Q' K! ~+ p( l' g$ c; B/ q4 k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 T8 G8 x" b0 }( {' l5 q: y: E
this Act as if it were a re-determination under paragraph 59(1)(a) if8 F% h! ^; J! a. |
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 _5 q" ]" `, r" g
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ d. O4 G. S8 ^5 L5 o9 O. ~5 Beligible for preferential tariff treatment under a free trade agreement; or
3 r: ?/ Y' j2 W8 W5 L2 ?2 B(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 E5 e5 @. B* [because the origin, tariff classification or value for duty of the goods as claimed in the application is/ @! y! A- j. K8 y
incorrect.1 E. E. @) Q! x5 v/ X2 J
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 Q7 i, t1 S% n' v6 M% X$ F(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: t, J! y/ W* F, z) fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 ^* X* v; `0 H7 } W1 swere a re-determination under this Act of origin, tariff classification or value for duty.
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c% Z J$ z8 P h这到底是说可以还是不可以啊? |
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