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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 Q% p& j+ e# ~) N' o d* e
上面说 非商业 进口 可以免关税?/ c! t# B5 h) s' [% @9 G
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6 p' x/ B: \9 S: B- E Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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8 I, S- g$ |, U" Z# j( ^Refund Requests$ V, M4 l; `. I9 F# \/ F/ }. X p# O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- I) u' j8 o$ O; S+ O& w) Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
+ ?1 C* Y5 J. Z0 c0 L3 v4 w! Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if- j9 @& O5 |5 f: Y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 e; @- `( X- [! W8 N! Q$ t
Canada to the time of release;: @2 ~' W3 e3 y3 h) Z0 {4 v& [
(b) the quantity released is less than the quantity in respect of which duties were paid;
% T2 N: E' v( F% V( A& [(c) they are of a quality inferior to that in respect of which duties were paid;9 m4 n5 u) \: L" q$ `
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& l, r8 M7 `$ G5 O
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
7 i3 w; t2 v& \# v* kcase may be, was made in respect of those goods at the time they were accounted for under, ?0 e8 Q* B" @( b7 a% e
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 for1 J5 j; A/ O, b/ k& Z9 |2 b( Q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* m1 r9 x, ` M) K1 ]! G7 y6 uaccounted for under subsection 32(1), (3) or (5);# ^8 R6 p" m4 a+ Y: i/ [3 F) F
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 H/ N! D" g _, l! I/ h: a& z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), Q5 R$ D8 Z) P7 {, r7 ~2 f
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 t( w7 c3 t, |+ K+ k6 ~
value for duty in respect of the goods and the determination has not been the subject of a decision* {2 e% l' I4 U! d0 N; t
under any of sections 59 to 61;0 _! X; q1 @6 E Y9 ]0 n; ^! y
(f) [not applicable to non-commercial goods];
# J; Y0 k: X. x/ X; J(g) the duties were overpaid or paid in error for any reason that may be prescribed.% F3 Y+ c4 l0 D/ \7 p3 C, Z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, R! y, ~+ r* ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 q+ D* H0 S& o
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 |' q/ Q# X2 |" n
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, w" D. Q3 m: o- {# V) Tunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 F+ @1 x) v; _(3) No refund shall be granted under subsection (1) in respect of a claim unless- g1 l3 E$ c6 `) V2 d% e* `
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 V# Q! U4 r/ Q7 Hrespect of which the claim is made or otherwise verify the reason for the claim; and2 `4 H. @# @ d
(b) an application for the refund, including such evidence in support of the application as may be: `% N0 w/ F P) l% v
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& _8 P) h. u% }7 Q$ kprescribed information within& c8 J3 d) N& @1 N' R* X
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 E& q% ^# P4 Y+ B
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; g: N2 {' t( v- \, S* P$ ^' E
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( w2 ~. t/ V! n3 Owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; s9 G+ e/ ]& a- X( }1 O" r(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) Q! @. l/ [+ W# L- ], Bthis Act as if it were a re-determination under paragraph 59(1)(a) if
; Q2 o( ?$ A9 J$ [(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& S' K/ @) a7 H- z. }; o" g$ Bbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( I2 E, ?3 T* @6 u% j" X; j
eligible for preferential tariff treatment under a free trade agreement; or$ }* q0 a9 S/ }8 F- [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, J+ Y1 @* ]* C
because the origin, tariff classification or value for duty of the goods as claimed in the application is
+ r- ]2 U: l- |( T, {# Kincorrect.
- o+ w6 N e: W" R1 k(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 b# ]# m9 p# q5 G. X(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% f2 T3 U7 K/ R' z* c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; N$ e) P- U& A% e" k- Uwere a re-determination under this Act of origin, tariff classification or value for duty.. w+ `0 v( |# I# }
1 p" O' s- h4 u7 U; K' W/ w这到底是说可以还是不可以啊? |
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