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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% f2 b& P6 Q- J' J2 A* [
上面说 非商业 进口 可以免关税?
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V% K% a, _ \0 B2 {http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* H' C( s; B( T$ N8 }" b) B
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' E$ c) m1 I0 Y* q+ U8 wRefund Requests; s! j9 j4 w% z& p. a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ a9 f3 c7 v6 l
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; }# H/ ]2 o9 M5 s3 u& ]
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' b9 U' Q( P7 o+ [& o" C/ j3 l(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ E3 `/ R- u4 x% | sCanada to the time of release;
Y- H. i5 ]/ i; g( p1 |" s! V(b) the quantity released is less than the quantity in respect of which duties were paid;) `* N+ h+ K- O1 x4 A
(c) they are of a quality inferior to that in respect of which duties were paid;
3 x3 `$ [, w, m- M# {6 B(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 u* H* l# v5 i, S- Z" ?4 c
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ e5 G% F5 ?. _5 f4 z
case may be, was made in respect of those goods at the time they were accounted for under
4 O% J+ F! p6 z' T0 K% P3 V- Psubsection 32(1), (3) or (5);
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2 E4 [% q2 F# t5 V3 N5 I6 W6 z! k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; w9 b: m6 O: }: J1 \- j# `3 apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& A4 h; o$ M2 N2 m8 K9 r$ Iaccounted for under subsection 32(1), (3) or (5);
( h3 o3 h% C/ A1 P5 l(d) the calculation of duties owing was based on a clerical, typographical or similar error;, p* a& F$ u# k/ A
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 |: `$ C* H( ^7 s5 ^' P
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* \ ~/ C1 E# E6 S
value for duty in respect of the goods and the determination has not been the subject of a decision
& ~8 s0 D5 J+ I7 T2 xunder any of sections 59 to 61;3 o: R. @7 \0 j ^2 _' J
(f) [not applicable to non-commercial goods];
0 U) {; V, \1 ~9 Y( T1 N9 p6 s(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 o1 Q$ {& d- ], z6 z/ O2 y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 H' a9 g) f. V& M# don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" o) o3 u: G: u9 U3 H
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* @( j% i0 y9 P1 O" ]" x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* _! D$ o7 z: t( x2 d; |9 U. L( }unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# d8 i3 R, X2 x(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 T9 |* H: v1 g. s( f(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, t0 Y: {/ I8 D7 Q; [- y" B
respect of which the claim is made or otherwise verify the reason for the claim; and
+ u% h2 ~# {3 p- O8 J" v(b) an application for the refund, including such evidence in support of the application as may be' }% }0 D( S5 x' |
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& _) k( ~% n9 p/ I; \3 L4 c' Sprescribed information within
! x v6 x% d/ n4 ^4 R. ](i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 x, h* r, k- t' T
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 b, h0 D) w2 R(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 B4 ^* q0 w+ K. ~5 ]4 T% S
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 P1 E! i, h, V4 S(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, a4 t! B/ x0 J7 P& a4 mthis Act as if it were a re-determination under paragraph 59(1)(a) if
, d9 U) g6 Z3 \& b(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; S* K: ]0 w1 J3 vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not7 i. {" j' b; x) _+ n6 K+ V
eligible for preferential tariff treatment under a free trade agreement; or. u% f! |) a: N
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" s9 R1 B9 l) P' L9 e; Xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 ^7 U ^8 ?' P& D; c8 g0 A6 jincorrect.4 ]3 v& \- j+ z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 f D0 V9 {6 J& a
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 T/ n( F$ W; W, C4 f
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ D* W& h1 N$ r9 i& `
were a re-determination under this Act of origin, tariff classification or value for duty.
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4 _9 q! e/ `; x5 }2 i9 [/ N这到底是说可以还是不可以啊? |
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