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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% E3 p+ Q( ?& a; t. X& o
上面说 非商业 进口 可以免关税?) x- J/ o4 q; V
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# T, K# D+ r) F. Y* M `) Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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2 I( G$ [* u) ]) sRefund Requests, t9 z" K$ ?+ _( u1 y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: p. C- Z! r8 g1 u a
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ z; D1 `1 h1 c# H- I/ L7 |
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( J& ~' }! ?# n4 ?8 K- S(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
J0 I: H6 X: PCanada to the time of release;
) ~/ ^+ s \+ z(b) the quantity released is less than the quantity in respect of which duties were paid;
, z! L Y- Y8 ?(c) they are of a quality inferior to that in respect of which duties were paid;
% A3 j" E. z, {! ^(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. s' A- L" x" O* Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 u6 E# R# L' k( z
case may be, was made in respect of those goods at the time they were accounted for under- V- y! Z: J' k! M$ D- O; Q
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$ W* R# _; F, W& X! M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are& r% ?& I; @' i" M0 D$ z
accounted for under subsection 32(1), (3) or (5);
+ t/ v* N& D& L& F(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 c1 G, |/ C2 P8 Y( X(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% p5 H0 `# N& }/ i2 H& i, x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" J3 Q. K. d8 e& H K, Y: n
value for duty in respect of the goods and the determination has not been the subject of a decision
6 W: G) Y2 c# B/ b3 N. a* Punder any of sections 59 to 61;8 `& I3 }1 K: D% B/ q9 ?+ ]
(f) [not applicable to non-commercial goods];
. J+ z1 s, I c" w9 E- b7 r/ v(g) the duties were overpaid or paid in error for any reason that may be prescribed.
4 [0 A/ j* a+ l(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 ]$ b. G: R7 o( B
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 |, w$ O6 T9 j$ ^! p& }this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& B3 F$ f8 @# C( y- m; k
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ [) m# E$ D& }1 R0 V
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.# ]/ T1 c8 X3 _. T
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 ?# q3 t3 x9 h% g8 j- ^9 A9 ?(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ A/ }2 l7 J4 { u& k- k
respect of which the claim is made or otherwise verify the reason for the claim; and* k/ m7 I6 ~& u; }. Q! Z
(b) an application for the refund, including such evidence in support of the application as may be( Q) E h; n5 ?5 V) z1 D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: e5 m. A3 d6 r( v
prescribed information within! J% P/ U+ ?! X# q% {
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 `5 B! A6 e8 k: g* _0 {' jor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, q7 z# p# o1 Z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( d) L' Q% Y F0 B2 _9 k, kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 n! v8 J' C) }(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 b1 C" j. J7 ?/ b; {# Lthis Act as if it were a re-determination under paragraph 59(1)(a) if7 j' N+ d+ B+ M% U
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 ^+ E! p) P4 Ybecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# e1 M( @6 }6 q+ c$ ]
eligible for preferential tariff treatment under a free trade agreement; or
$ n+ n4 M+ G" T7 h$ |) F' ](b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ D/ l$ {9 Z' i7 |. E0 Abecause the origin, tariff classification or value for duty of the goods as claimed in the application is
) @& L7 l. Q7 Z3 L H0 Qincorrect.
$ k5 v2 Q! h, q/ M. V( ?" K(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
B) B! i+ K9 E# Z2 A, P(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: ~. F, a: d9 n9 S. E2 B, t1 q- ~
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 K$ T$ q2 d$ W! Wwere a re-determination under this Act of origin, tariff classification or value for duty.: U( d: Z, _9 r; P! ~+ M
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这到底是说可以还是不可以啊? |
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