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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 E0 U2 S( s7 z- e: t6 B9 T
上面说 非商业 进口 可以免关税?
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- \% S) J; O! B9 R2 R$ V0 s# ~0 \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf/ k( d: z, ?6 F: z
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/ p1 }! _4 h0 f2 W; z& ]Refund Requests8 G& k. c+ Q3 n* G. @
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% J" C: ^2 ^6 B: cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& `7 z3 p, C9 k0 R) c6 \
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ d; e6 M8 W& z1 d, i) v
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* ~' c8 }/ j9 ACanada to the time of release;
" ?/ h% y: M; }% g( P(b) the quantity released is less than the quantity in respect of which duties were paid;9 k: W5 @. D0 Q
(c) they are of a quality inferior to that in respect of which duties were paid;7 o/ L8 y5 j: l6 D* r
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* x o/ {5 M, c: n+ A( d$ |& l0 G
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 z& T/ S% ~4 i3 O9 ]0 H& S1 u% r) f: r9 u
case may be, was made in respect of those goods at the time they were accounted for under4 V5 L# [. ~: E( b" p3 g6 C/ s
subsection 32(1), (3) or (5);% }; @! X1 S, N3 m
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
& x4 d) D" {% \% N2 {7 J) u8 Z& s$ Bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) L: w. t% k9 e* i: paccounted for under subsection 32(1), (3) or (5);
7 C# J4 U4 T ?4 F7 I(d) the calculation of duties owing was based on a clerical, typographical or similar error;! t" p2 r3 u) Y0 L' H' a) o1 T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% W; u/ v; K) t: }$ f. h) e; P1 P
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
a( _9 V! m6 x3 ^! W4 ]( Vvalue for duty in respect of the goods and the determination has not been the subject of a decision
& s1 Q8 I d! k) kunder any of sections 59 to 61;$ q- \6 }2 j! b( `9 e& S6 E( ?2 q! M+ a7 H
(f) [not applicable to non-commercial goods];& v- J$ I, L0 G5 Y- ^
(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 [& ?0 {$ l- m9 P9 f( |& b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# w4 J, b5 G) a8 d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 j8 n! L A/ [1 G* O! B( G' U
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# S# k2 V9 x0 u/ c! w& |+ u
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. I6 J {% u5 l6 D
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( K; r5 W q4 _/ m* g! H D
(3) No refund shall be granted under subsection (1) in respect of a claim unless1 a6 g1 x3 N" `; R# t" i z F+ x
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 M' `4 L* A# `9 g: B
respect of which the claim is made or otherwise verify the reason for the claim; and
1 V5 u2 a; w% t(b) an application for the refund, including such evidence in support of the application as may be3 J) g8 E0 U9 R% e$ {' Z+ ~
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 m8 R: j1 M5 M% a
prescribed information within0 A5 y" j: B g* `5 D
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); y: L1 t" D c' G" v! Y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ q) B: k' v4 V1 R v, _" u(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; n- g! B9 y+ d2 Z. L$ ~/ B
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 `( w4 v; z, C
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 B8 E' O5 g7 E- [
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 t& C- P; R6 [(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 ]$ l, A' H! R1 S
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
u" L, d* N3 u7 i7 K1 D) l" xeligible for preferential tariff treatment under a free trade agreement; or- t6 T* Q1 t1 Q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 v2 r# Z" p3 Y) y9 X+ P, i v& }because the origin, tariff classification or value for duty of the goods as claimed in the application is8 C) ?+ e, M; P# A6 t* ?* g& X$ K. u
incorrect.
: e& n3 r* B0 m/ H1 Z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) Y1 K6 A9 `' i
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' O! ~" M6 w r; [8 L$ x& `
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# \7 v6 [' q+ k2 w1 p
were a re-determination under this Act of origin, tariff classification or value for duty.
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7 u4 b: `9 M4 L1 X3 U% a这到底是说可以还是不可以啊? |
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