 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations h0 ?: ^7 e. J1 O' H4 Q
上面说 非商业 进口 可以免关税?
9 z4 \5 s; k5 Y+ G4 l, L) D7 X4 W, E: y! a
( ~1 D, M1 n: g' Y! n
3 O$ [ I: p( fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
" z* p, Q9 P$ O" D: ?* p: e8 H9 M5 \ t9 ]
3 @4 V9 b6 [- T- ?Refund Requests; K8 V. J* x2 i' m( u& |6 |
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who' L! ]0 u5 K2 u( C# `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ G' O3 p$ `% N9 y" l4 @3 Z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 l8 T3 d7 o1 Y* I! N0 `/ y6 E4 @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
" u9 U9 t0 K4 b1 }) hCanada to the time of release;+ ^ T' X3 A8 w5 }% b; S5 ^' ^( ]
(b) the quantity released is less than the quantity in respect of which duties were paid;
) m0 D, h" S% _$ E, F4 |(c) they are of a quality inferior to that in respect of which duties were paid;
e1 E7 C v% D& d& K# f(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ @5 I- p! w( t0 R" y r& J) W, qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the ^2 ^! r) J' ^/ z
case may be, was made in respect of those goods at the time they were accounted for under6 l4 ]( D8 W# y) T% W) J5 ]
subsection 32(1), (3) or (5);" _, @5 `. X& W$ W8 x
3& i$ e# n) ]2 S- c" w/ j8 \8 H7 f, j
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ J( ?- k! k# O3 m# B6 [
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& H. E7 O0 P+ S1 |$ J; U" Y1 V6 ~accounted for under subsection 32(1), (3) or (5);2 D1 K" {' P D2 k6 ~
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ `) q7 G/ k% ](e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 H' k3 _! z1 h$ q6 z: B& d) P
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: c$ j/ k; ^5 Z0 I1 ^: pvalue for duty in respect of the goods and the determination has not been the subject of a decision0 O% X9 ?; Y5 x8 A8 }# ]6 T$ z
under any of sections 59 to 61;
; R9 D+ E: k" p. M(f) [not applicable to non-commercial goods];$ W9 @: }$ M# ^! w
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' B2 A! @; @3 V9 w8 p5 b$ ~(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ v4 r2 v; \$ }' G
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
- p/ z- j) n0 t6 j J# wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).: V, U, T* L( n% F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) H! O. H- T/ [4 q0 _7 C1 t; C4 W- Vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 W; C9 }5 a) @4 G' T/ M
(3) No refund shall be granted under subsection (1) in respect of a claim unless& k0 j+ Y; O& `0 s$ ?
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
D+ m: N9 H; v5 }9 B* Wrespect of which the claim is made or otherwise verify the reason for the claim; and9 T* t A7 Q- {0 w
(b) an application for the refund, including such evidence in support of the application as may be, w/ b" ^ W# d6 z2 F; S1 j8 f
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ Y q; V0 S7 E
prescribed information within' K/ g9 u# }8 v$ @; j# z) K
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* {* b) B) c( }' B2 r
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and+ s6 X4 T- u) S: ?' i# a
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. _8 X/ e; |/ n+ o% Iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" H& b$ @. [" Q; B(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 s! g+ Q+ Q. w0 Q& l- xthis Act as if it were a re-determination under paragraph 59(1)(a) if
) k' M- F Z% T* C. S- R3 g(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 V3 f- d( Y" m- n
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 W3 b+ }+ @% x1 |/ F" N9 @
eligible for preferential tariff treatment under a free trade agreement; or( ~) E( S, h8 i5 Q y- G ]4 p
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. x/ @7 n2 `; X: W% D
because the origin, tariff classification or value for duty of the goods as claimed in the application is
& B2 |1 g; _) V# m- e! E; Mincorrect.6 }3 Z/ V, j- ?( d. H
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- N9 P: h2 G, u# J% J(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& [5 I4 z: Z v) S
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 M3 |3 |; x# j! {; C2 ~$ c
were a re-determination under this Act of origin, tariff classification or value for duty.
# g$ u& X3 T% W8 w8 @- i8 q& b- G7 R
这到底是说可以还是不可以啊? |
|