 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 g/ Q: P% {1 o7 ~( ]
上面说 非商业 进口 可以免关税?
8 \- `1 ]9 U' `& U1 R3 U3 ^' E, B* w) z
, F5 }9 |( [/ m
9 }( b5 c4 Z' s4 t7 v5 _% X9 l4 }
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf N5 Z# @ t* [1 B7 h
' X- ~, L5 }/ n& B3 n) Q. u4 Z7 N( X- q; h* ?5 r
Refund Requests
7 U6 z& [; F( A3 r9 Y# f74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: i* I6 N4 _* B# B! y! X5 s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 I! N0 S, _- j- W% e' F" N- ?
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 o; \8 m8 @4 B- P
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, ?, F6 `1 E7 P- R- K2 XCanada to the time of release;2 @% ?/ d* `8 T5 G- L1 _
(b) the quantity released is less than the quantity in respect of which duties were paid;& K/ G& [! J0 q$ o; Y
(c) they are of a quality inferior to that in respect of which duties were paid;
- d# P- \% z n T& c% y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential$ t0 H7 X4 g" _1 P9 X$ B
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 ]8 T+ E$ r- b, n8 x$ M8 ycase may be, was made in respect of those goods at the time they were accounted for under
5 p! B$ D( k" ^6 c4 R/ c; Fsubsection 32(1), (3) or (5);
* C; x! P- t! A9 d: W' Y% X3 X3( ?/ u. O( X, x, f0 J w7 F
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* n3 g0 K/ X" Y$ d
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 X/ w& Y3 {5 F- F- y/ j, r* c9 G [accounted for under subsection 32(1), (3) or (5);2 ~) `; o1 p U- W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;" k3 |$ p, r. b& S
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) N; H- U- n V/ A5 x! h( C
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 L( X" ?# A: R/ N) r2 ?1 d8 i
value for duty in respect of the goods and the determination has not been the subject of a decision
9 K! F) }! m; h; Aunder any of sections 59 to 61;: L, C* r0 Q4 {$ o% d% C P5 c
(f) [not applicable to non-commercial goods];" T8 N7 E' j+ t7 i4 R4 b
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 X" k" W; h0 J/ a0 m(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 Y' u$ |2 b9 aon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 H5 f e; f8 H5 \
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 I8 d9 x8 |4 a$ Q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% F- y3 ?" I. r- q4 w7 Nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.# Y. I& f8 M" i0 n2 `6 Q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 p( d P" j9 {5 W, Q( U: z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in2 P( E; F! D5 W& _* \! P
respect of which the claim is made or otherwise verify the reason for the claim; and5 W% T0 k8 J- T( j. v# {
(b) an application for the refund, including such evidence in support of the application as may be" U# I& W. p2 q' L P
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
0 z, }$ [5 {1 z. s/ Kprescribed information within
; Z" K* v6 {0 v! m% P5 a3 Q9 K(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ B# q% M. I% Y( X( B1 ]
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& y, ]+ A! M1 D/ A l' |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& V. t) z& h0 V& ~- O0 ~8 n+ ~
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" s; y* W' o. r8 c" o) `(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. \+ i- |' @: h Vthis Act as if it were a re-determination under paragraph 59(1)(a) if
, R1 c+ a8 _& s( b' S }2 F: p(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: X6 O' C) G, O/ h9 zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 \/ A2 r, `6 b" y& c$ a1 G. g: [eligible for preferential tariff treatment under a free trade agreement; or
3 e$ s% |) K5 R(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 e( Q4 r4 p1 U( j, ^! J
because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ T+ p8 p# a1 t7 t" y% ~/ w0 K% lincorrect.
. I8 c6 D( [, W* R! k(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),9 s1 K* V# V* s5 \7 z9 w7 D
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& G% ]! r& j' _' n/ |! C6 u
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
. I! y! H6 ^. h, U7 i# G) ]+ j$ p! Nwere a re-determination under this Act of origin, tariff classification or value for duty.1 L/ L3 ?- b" ~% r. s; A
! |9 R5 y, p5 n这到底是说可以还是不可以啊? |
|