 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ x% x7 N, t- ]$ W- K: X" F上面说 非商业 进口 可以免关税?
% h: g0 G% Q. H1 C h0 C7 S
1 t+ [9 z' d% d
0 o- V; J8 Q) a+ S* M4 ]( F% i1 I2 a
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
3 h) J9 T! ^3 I. S$ C4 k' c( l$ M& g* Q$ C+ A2 m7 G
+ g7 @5 R+ c% N1 Z* A- w7 WRefund Requests& t5 P, s6 s' c+ u2 \/ G0 y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who6 r4 Q: {5 j3 b8 P5 R. m4 P
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( t+ h# M! Z1 u2 k9 m: ]
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ d. W7 Q9 `5 A% D) [1 z* _: ]4 a$ f(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
/ m- H, K6 n8 TCanada to the time of release;
* B# w' Q6 Y: s$ a: v$ \(b) the quantity released is less than the quantity in respect of which duties were paid;. v9 ]! _( _6 l/ L4 S# F- k% E; B
(c) they are of a quality inferior to that in respect of which duties were paid;4 h4 c: l/ B9 ], F
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- A L2 U- w; D4 K: }$ ~tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# [ m8 a- Z W
case may be, was made in respect of those goods at the time they were accounted for under
) G/ W/ N. g3 G A/ F" Gsubsection 32(1), (3) or (5);
" l# u! }% R' B3 e* i6 S3
5 X5 {% A4 z+ Z3 {2 I( p: k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 @5 m3 r1 H& W1 J' C/ K- ?
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* P" G# H5 L* V# w h+ {% y) K
accounted for under subsection 32(1), (3) or (5);; g$ P L( @8 b1 P4 }
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' S& `1 d5 q# L( y+ @(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 y$ S5 T# ]: G( d* O: q( C
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# t: [/ H$ \6 o5 Zvalue for duty in respect of the goods and the determination has not been the subject of a decision
0 V3 H" i9 ^ [2 p# @9 V8 P( ?under any of sections 59 to 61;
# [ k9 S' ]! c. s) P5 v(f) [not applicable to non-commercial goods];
1 x' O3 \8 D( F# j! M# }2 _(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ V! D- I9 V \' b(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, ]) F; t$ y4 ]& Ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" j1 H7 F0 t2 Z. t) q2 t4 y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' u/ n N! \; T& h0 @' K(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ ^' |# l+ d3 i% V/ c2 |
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.# O8 [- Y0 q9 ~0 P/ P
(3) No refund shall be granted under subsection (1) in respect of a claim unless$ l# r7 J) B6 n4 p# e; i; k% y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ |' k! \7 S4 H! s$ j0 `
respect of which the claim is made or otherwise verify the reason for the claim; and! H$ A+ ]' `# r: W
(b) an application for the refund, including such evidence in support of the application as may be
( K Q e& k8 f8 \! J( `* o. Sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
/ m6 l: b9 K5 D$ Z8 ?( S( Hprescribed information within2 c: B* N& C& i8 K8 A3 {
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): n+ D4 O7 c3 k2 p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 Z8 W( w: P( S) @5 Y
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& q. m$ v, C! V& O P$ d, v& U& |8 uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# |2 O6 ?: G2 q a! ^$ N(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% @/ _ d: e/ n- O) p
this Act as if it were a re-determination under paragraph 59(1)(a) if
. b3 h" e0 O+ Z. a7 q- z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied S8 h# C% i2 O) o. W& m% ~
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 e- x/ K$ l; N8 c1 B( f4 N5 j- ?9 w( [eligible for preferential tariff treatment under a free trade agreement; or
$ s8 u# ?) ?6 g" F(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ C4 T5 P1 I6 f. U, gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is" E2 T& Y. C* _* P( R$ c* X, c
incorrect.- M7 \ }- c+ A! B1 E
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 i( e4 @% E- Y1 ^$ t(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 B+ ^# c) @' f( @: rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# q1 I4 r" a- J7 \9 S0 s: A5 `3 ?were a re-determination under this Act of origin, tariff classification or value for duty.
" x2 y; I! V5 L$ S- X. Z7 h8 X3 F2 y% X+ g9 {" B! ~& |
这到底是说可以还是不可以啊? |
|