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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! i1 _! W8 y9 y4 P, ]& p
上面说 非商业 进口 可以免关税?, P; T X6 w9 {+ Z5 I0 n& @, U
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$ {; `7 s+ K/ K8 }" k" C+ A' j3 z5 o& zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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' c2 B% |8 E' F+ B7 N0 y, aRefund Requests! M6 f; ~, n2 p2 c& Z4 x
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 w% W; E& W) p- e. h3 f5 M: o
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' O$ ~# [: E* Y& P
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 V$ G4 u: j* a' O2 X8 v
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ D+ y9 F8 E1 J- m ~/ D; ZCanada to the time of release;$ \9 S$ l3 D( n& ^. g
(b) the quantity released is less than the quantity in respect of which duties were paid;
& E [/ |7 O. h4 k5 H(c) they are of a quality inferior to that in respect of which duties were paid;
+ @" v, E7 U3 i5 T/ i(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ L0 T5 u- H7 @* K1 Y" G! xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) ~9 S7 w! H6 [3 H" N# B
case may be, was made in respect of those goods at the time they were accounted for under C6 V& S+ i4 }' N$ P q% `* \
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 for8 h+ W( _( u/ l/ M! @
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 m1 ]5 B7 H" m6 r5 {2 K& Maccounted for under subsection 32(1), (3) or (5);3 g, }5 H/ F$ i% S' E" P2 o: l
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 f& n5 p' [8 o$ X" x- O1 N5 y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). o a: U; _) u# \2 V* o) ~
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, ^! t! G9 |( {/ W7 {3 w; z
value for duty in respect of the goods and the determination has not been the subject of a decision
^3 q5 _$ m+ l" Q9 P F6 U' t6 \6 @under any of sections 59 to 61;
& q. R9 r5 S& `. F# v(f) [not applicable to non-commercial goods];
/ ~) g; a2 p1 h(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 M. q _- ]# w% M8 J8 ]: W( R7 O$ m' x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) a3 n z; m9 m' s* A
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& e" Y. @. D, a& u: }5 s# sthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- V* C2 Y+ E, X
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. R/ L# A$ A4 M8 y" q# x
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 P# @3 i: R! X. n9 K4 {4 q
(3) No refund shall be granted under subsection (1) in respect of a claim unless0 I8 X/ F; V- V. D+ M
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
2 Q1 M5 j, C" B2 s8 crespect of which the claim is made or otherwise verify the reason for the claim; and
[/ a# A* a' b7 g2 W' U: x- L(b) an application for the refund, including such evidence in support of the application as may be
+ C) V6 G( k1 A3 R* }+ nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( q, `; W0 I, f$ dprescribed information within
/ v: T( k) L F/ l6 L# Q* W(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# i3 Q: u/ k1 j! }
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and }. e8 `( l: x3 r, D5 }
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& Q! [. l& g7 a' l( z$ ~
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ I+ H( |9 t" C" K
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 o. M6 F! y/ U: U+ O. ^
this Act as if it were a re-determination under paragraph 59(1)(a) if
5 V. `+ o+ t/ O3 b1 ?0 p(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, E, v R! Z+ B5 d7 {% Y$ T* B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 {! }+ l3 Z6 n; h9 e W: V- ~
eligible for preferential tariff treatment under a free trade agreement; or
7 w& ~: k/ ~, W1 }6 s. K& U) S(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 a ]# Y- U1 B6 B; a( Dbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
) g! P& k, B3 J5 a3 Iincorrect.6 x Y" \5 M' B1 [7 c
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ o1 R5 i3 W7 F
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 ?; |+ D* }6 B$ q4 w8 K+ V
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
* o4 m8 c: w# J& t5 m1 m- owere a re-determination under this Act of origin, tariff classification or value for duty.6 |1 M+ }7 [( I, p8 q y- `! B
9 U F- m3 e2 B1 ^这到底是说可以还是不可以啊? |
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