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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" G( W$ x7 P5 R: [
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests' N3 ~; z# c" g) D% h+ u, T" k" O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 f$ P: ^( e0 X ~" k8 K
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" O5 Z2 f) Q# ~4 t& t& N; c, \of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# e; `# M- _- j' w- R7 D& _( g4 t$ X(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to* V. c' J2 n, s6 X
Canada to the time of release;
: C1 H- c* r1 E8 t4 a5 S0 I(b) the quantity released is less than the quantity in respect of which duties were paid;
9 z8 N8 `* }2 o! w(c) they are of a quality inferior to that in respect of which duties were paid;" M+ w0 u2 i( A6 g" \) T$ n
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 _1 k2 f G" f, A
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 P( H# ~8 J) C+ W4 \8 ]0 Scase may be, was made in respect of those goods at the time they were accounted for under L7 X& c' ^/ z! B: ^# l
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. k% F* W, q) T' S7 M) [2 q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 z, a% @+ |: w6 P. X8 p C" uaccounted for under subsection 32(1), (3) or (5);
4 w- A; j. N) q K(d) the calculation of duties owing was based on a clerical, typographical or similar error;* G/ M t$ ?+ v2 X& u! s3 F
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 R5 d+ L8 Y2 |& ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 `: n7 G! V: `; D* z4 [' v9 w
value for duty in respect of the goods and the determination has not been the subject of a decision
/ ]$ u- M& y2 @% X. G0 m! Junder any of sections 59 to 61;( b3 }- \2 K& v3 N! N' M) s
(f) [not applicable to non-commercial goods];
' P) Q3 G H; o5 u+ ]+ m(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" n8 ]* L! l! a+ N' l, a# [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; j5 O1 R4 e0 M, V+ d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& U, X+ W: K0 G" T
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! A( [0 \& P9 m' |' u- f! H(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 x; Z+ s4 X3 ?
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 M4 l4 q( s# E/ \ N
(3) No refund shall be granted under subsection (1) in respect of a claim unless
, g5 e& e% U$ y8 m6 y1 J6 i$ w& m' i! h8 u(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 `. P4 O/ _4 f$ }, lrespect of which the claim is made or otherwise verify the reason for the claim; and
. _7 k2 c- @9 l9 V* U3 W, [(b) an application for the refund, including such evidence in support of the application as may be
7 k* h( _8 E, sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
" x6 W/ U+ P. L3 G) ~3 v( Uprescribed information within
% h) Z# i1 S* b: J8 s4 Q9 p4 k(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), ?8 v7 l5 a! e) n l4 ?% G1 v0 n/ K
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& r( J9 M: Q: F$ ~) z' k
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- h. A' O" J( Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' G+ R- E* m3 H8 M v- o0 M, n, d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! ~% O6 C+ C$ n: L |this Act as if it were a re-determination under paragraph 59(1)(a) if
% W" R2 b" o2 C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 ~; f6 i* [1 Tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" i: u h+ w9 e& keligible for preferential tariff treatment under a free trade agreement; or
1 l2 @- C: r+ D( l% w" I& a" L(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 k: a3 O1 F/ x1 k
because the origin, tariff classification or value for duty of the goods as claimed in the application is, N1 {) i# p! g g
incorrect.% ^6 c, w7 p" m9 K$ }4 I/ Y/ b
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ X: P) z) g. J(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 b. h! g. ]/ ]& n# [+ x3 u' X
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ J# n7 Y) z& S7 M0 \0 A. y
were a re-determination under this Act of origin, tariff classification or value for duty.4 d% ~; i+ f7 D: ~2 u
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这到底是说可以还是不可以啊? |
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