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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 _. ^& T& f& N( m z* j6 o
上面说 非商业 进口 可以免关税?
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9 ~# ]( U, n+ n( N) h( B. }. jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ g4 x0 n/ h, Z! r1 |% ^* q& u7 x. S
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/ D; w4 K. W6 {' M: HRefund Requests! i- g/ t( X! T7 s
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who- _% ~& F7 i- [% O8 F! ^
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' V( s, H5 u# _6 X# t
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if: @3 G1 ~# `" ~5 o, [
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to4 h2 [/ X2 H& f) j7 Q
Canada to the time of release;
! a: i& {: a8 R, I3 w(b) the quantity released is less than the quantity in respect of which duties were paid;& l# e) L% c/ Z* h* B( L+ Z, m3 w
(c) they are of a quality inferior to that in respect of which duties were paid;
* q& i7 q8 v! a+ k- r1 [(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
4 [$ J. @3 o# A! }tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the1 U5 W& ~8 N& J; _3 G, a: T
case may be, was made in respect of those goods at the time they were accounted for under
2 e3 w8 B3 X! T2 U! Hsubsection 32(1), (3) or (5);! q6 }. \+ a5 Q+ ^
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 H3 h! t+ M$ } U5 R, s" Epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- f Q0 t3 P' i" z& Uaccounted for under subsection 32(1), (3) or (5);
$ y7 e0 c: |* W! e: e, a, ~$ ?(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 N+ z0 p' b; r& y- O& D& |2 x(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 S$ x! L1 t3 Y4 R& pof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 Z, x5 Y- a8 I1 j
value for duty in respect of the goods and the determination has not been the subject of a decision/ Z6 P7 Q J; T2 l9 }
under any of sections 59 to 61;! p. j1 z' E$ n
(f) [not applicable to non-commercial goods];( V+ j1 I$ V/ L/ W8 Q x
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 i j) q8 t7 U2 P8 a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* D: [, U9 r- H) |! l; l
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ @# R% M4 ~' |: q2 c2 kthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% i! Q+ o% W$ v) x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 g2 q7 j2 `0 e: sunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' [$ U, `7 C& u/ F/ H(3) No refund shall be granted under subsection (1) in respect of a claim unless4 z7 k( D+ u) o# h
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: a, e; W+ i# O' Z
respect of which the claim is made or otherwise verify the reason for the claim; and
6 Q' i: [' ?# l: c1 e/ d! Q(b) an application for the refund, including such evidence in support of the application as may be# U' V4 K9 [8 Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 G; q4 f4 T! {$ j3 B
prescribed information within
' X; Y# _$ [3 j# p(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( ^0 I# K* H, I4 ]" t& E3 B8 hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 m% l, x, [' b' P(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ w& g6 o3 u* {5 w, U$ d2 ?+ w+ o. m uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 z( Z1 @# l+ R/ O' `(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- @' w8 V& Y' A% N2 I ]" `
this Act as if it were a re-determination under paragraph 59(1)(a) if
4 Z8 c. H0 @- O: y8 h) ?6 g7 ~(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ ^+ j1 Y; h2 y9 F& ~, l
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" T: P$ d4 x! Z' V2 R
eligible for preferential tariff treatment under a free trade agreement; or, M. s6 r8 S9 o( S) [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 e- i8 a) h" u: p* Z1 P
because the origin, tariff classification or value for duty of the goods as claimed in the application is7 U7 Y% O# Y: m& S( c! [
incorrect.
5 f7 }1 M. _$ q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! q& v' W3 |5 j# T1 x, `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* @9 H0 j: u, }$ M( c: k, E$ N1 K) J; Wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 T; V# S9 {* s
were a re-determination under this Act of origin, tariff classification or value for duty.
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) M6 \/ N3 M' K* O" G这到底是说可以还是不可以啊? |
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