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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# E+ ]2 _- x7 ?7 @. d% C% T
上面说 非商业 进口 可以免关税?
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! j+ B4 B1 c: Z# P# B# n2 H) uhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ e3 i# ` n0 aRefund Requests
$ J/ }9 @/ K1 n2 s: e5 S, ]74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% N1 |: U* I4 g' N$ N% npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 j: @7 x- o T. o8 Oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 s4 X x- O, V! R% F1 j- T: F. y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, @* S8 [# ~# \1 PCanada to the time of release;
, X* k3 u# J5 |: [0 A. |(b) the quantity released is less than the quantity in respect of which duties were paid;
: I, z3 m9 H9 y3 `# Q( v% N4 m(c) they are of a quality inferior to that in respect of which duties were paid;
; Z* _; S$ z; |% Q2 u* j+ v6 F3 [/ f(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 Q4 T z; @# c( T% b( t
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 Y/ i: o% ?& Q( {
case may be, was made in respect of those goods at the time they were accounted for under) u6 `/ z3 P* r- {9 `+ I
subsection 32(1), (3) or (5);
9 l" q; _1 c( H Y. Q) {32 v" \- X, C6 E
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' L6 _" t% J# F; S/ G) E5 o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 y% l( H! u0 A6 n" B- u- Haccounted for under subsection 32(1), (3) or (5);
; }- |0 z4 G, w3 U" _! Z(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( G& f, V+ R1 Y# p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ X7 y5 A+ U* v9 i
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ r& \* W1 N% n. _! W) G) |
value for duty in respect of the goods and the determination has not been the subject of a decision! Z5 S7 x8 {$ ~# _, s; [! ?( y& w8 g0 ?
under any of sections 59 to 61;+ A+ m# K, M7 C2 z0 P& x7 h8 k/ G
(f) [not applicable to non-commercial goods];
% U9 R1 V$ g0 Q1 \/ `( v5 n(g) the duties were overpaid or paid in error for any reason that may be prescribed.) j; A# Q4 U( B* c& B z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 }% m, m: Y f6 F6 T
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. l. h- k9 B3 S* ^: l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" }9 T; B. M. ]* h1 i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- Q7 x) z: x z$ runless written notice of the claim and the reason for it is given to an officer within the prescribed time." b9 Y, T9 X, |3 \5 v
(3) No refund shall be granted under subsection (1) in respect of a claim unless+ I# r2 ^1 N; P0 v8 |
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: f3 D- v4 T1 r6 M9 o* F
respect of which the claim is made or otherwise verify the reason for the claim; and
% k: I: ~5 R; q" r7 ?) n: C(b) an application for the refund, including such evidence in support of the application as may be( C$ u8 Q1 R6 R2 e/ M$ [$ g- ~
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. u+ b$ v; d. j. vprescribed information within0 r9 F; w2 N: |$ ^) R ]
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% `; ~8 D5 l$ Z3 J j- o D F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, _5 ]! H% V+ v1 w! H" L: w2 k/ m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 B9 H5 D% B- n1 S0 M" w! A
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: M+ H( R) V& `& H* f* I) G6 d% G(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% b4 a1 G- v3 f9 X/ k
this Act as if it were a re-determination under paragraph 59(1)(a) if7 y3 I& \ Y! T: T6 F9 r
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" R7 q" D3 f5 obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 H; w# h9 K! S+ @; oeligible for preferential tariff treatment under a free trade agreement; or, i! M" w |. j. m3 H
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
L A! l" i& h$ Q! H& vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 q1 ]3 ^8 v) r H3 |1 X4 }
incorrect.5 U9 S5 A) Z% l1 g8 a
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 n+ a6 F/ O/ G$ ^8 B2 O(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- I" N) K' K! n! ^, X/ M: D& F
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 o0 `( @) u6 t/ m6 r
were a re-determination under this Act of origin, tariff classification or value for duty.- g1 t W) {! a- s# @) M* W I
; \. u; k9 T8 {. Z+ W. P这到底是说可以还是不可以啊? |
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