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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# z7 ~8 y; g/ @% {5 i4 A' {% \上面说 非商业 进口 可以免关税?/ }7 s! R! P( n% j+ x
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
2 D ?5 f3 d' W) `1 U& L1 a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& n' C+ p$ a. T& z4 Ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 x. C Z W% P) F K& m, c
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 Z* T( t, a. B) ?
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 O4 z' q- k: `1 Q' m+ B
Canada to the time of release;6 C* M9 k& `$ y) K8 j
(b) the quantity released is less than the quantity in respect of which duties were paid;
3 y. I Q# q% x# p/ x( C(c) they are of a quality inferior to that in respect of which duties were paid;
: o3 v. E% P( W0 g% Y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- h& x) O/ b8 w) rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 T* B* n; ]0 k+ }case may be, was made in respect of those goods at the time they were accounted for under
0 s9 E4 x" i$ ?. V% Ssubsection 32(1), (3) or (5);2 J/ u5 E# @! H: D1 w
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! d1 ?- @& Z4 ~: ^(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 s; S* w, r2 X8 U
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 J) V/ S4 _/ z( ^' i0 Saccounted for under subsection 32(1), (3) or (5);+ E t0 U6 H ]* z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 j" M% n6 k0 }8 a9 w9 M0 O+ ^$ f, J8 E(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' M$ `* m; ~* @, y4 {* ]
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; s- J0 \( A" Z9 kvalue for duty in respect of the goods and the determination has not been the subject of a decision3 Z/ W ^. ~5 U' `
under any of sections 59 to 61;
" ^* I! i3 B/ Z" b, `( k(f) [not applicable to non-commercial goods];
2 v4 I) K+ w/ I& f4 B* Y(g) the duties were overpaid or paid in error for any reason that may be prescribed.' s( S6 m- P* X
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 l- {; M$ r! n3 Y# K# t
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ m. R# Q5 B! m% k( | C' bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! F; @2 [0 k- T0 P/ c' q/ t(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
( m {& H+ U2 {3 v0 `unless written notice of the claim and the reason for it is given to an officer within the prescribed time." B! E @3 U! g3 L* y
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; I; e& \% {$ X" [5 m4 z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; M0 y3 R) F" k
respect of which the claim is made or otherwise verify the reason for the claim; and
1 s' r( @5 Y5 P! b$ ~(b) an application for the refund, including such evidence in support of the application as may be& N+ X5 v% n* k
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* y$ S3 d9 T a. o4 w
prescribed information within! q. S" F' ?, ?9 |- ]; @& N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 l6 d) |7 Z6 o$ _& xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 h }7 I. u5 c: }. |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 M: M8 }6 i: G- W4 \: |, Xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.- k5 r4 ^- u: R* B) k+ c
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 R1 X e5 K/ \ kthis Act as if it were a re-determination under paragraph 59(1)(a) if
4 I) S% O, n6 ]. h8 C) ?' |2 e(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& Y8 z$ X. x6 b* k8 e" @! ?because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& a5 H# R" Q1 _6 V7 _& x6 V
eligible for preferential tariff treatment under a free trade agreement; or( J3 M! i. c W0 |$ k
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
* J1 M7 J% V; M% Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is
6 `$ E; Y ^! w# i3 Y$ bincorrect.0 _3 }% s" D) o( s4 A
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," f2 b" N: Q0 Z( t. X
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" H5 O# G" p- _* K' ?. z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 t4 v9 Z c7 M: U3 i. _* W
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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