 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
- i. S; S$ {6 t4 m5 d- i6 d6 J上面说 非商业 进口 可以免关税?
0 Q4 n4 W5 I M2 @2 F: k3 D1 X# r! f( `/ N
2 q3 E/ ]& T- N6 J; Y% j
2 C! u6 v: d# g( y( P
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. R+ x. Z! a4 M3 ~
0 F% {: ^/ @. w0 w
& C+ ?8 F) X j5 L; PRefund Requests' G3 s7 ~$ t7 y' f2 {; c: r
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 L2 b8 [( p2 K) q+ dpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( T4 x% w! z; p8 F& x9 [1 e, J
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. w( n9 |9 h) O# p( S3 |( b(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 `8 k' T4 R1 r. t* fCanada to the time of release;% w% o( m m' f# U( M: q. w
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 b" J, f' n F(c) they are of a quality inferior to that in respect of which duties were paid;
* b! M, @& i2 L1 `4 M `/ S! p(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: N4 a+ V4 v+ e, p8 p7 r9 {) ytariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; j ^7 l J3 B% x+ G
case may be, was made in respect of those goods at the time they were accounted for under* ]' @7 D% ~7 `- ^* V
subsection 32(1), (3) or (5);8 \( ?( R' V. K1 u+ S
3) V2 s' ?2 E* a2 {" B! ?6 W
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, T9 e, K% j# |# l: M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are" q/ A% S) q6 o0 [( L) R
accounted for under subsection 32(1), (3) or (5);( k% ]+ M7 e& {5 @( b6 [
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 ~3 ^9 N8 E! l$ s7 C8 U(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: x. q' H& i3 I% q( sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& J+ N# F( j( }, X- Qvalue for duty in respect of the goods and the determination has not been the subject of a decision
% m- u( j0 V9 H" Y5 g7 B1 Wunder any of sections 59 to 61;; ` q* {- R$ E6 E- H* t* l8 f/ ^
(f) [not applicable to non-commercial goods];
$ y) z" o! r6 c, L(g) the duties were overpaid or paid in error for any reason that may be prescribed." U6 B( U. M1 x& Q. S
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# E# B6 b. I, n; q" t; t
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of' ^4 }# g3 C$ e; Z5 C' g
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' p. ^# n6 \% A$ J4 L, z8 ?' b& E
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 @/ i4 _: o; T$ z4 r' p
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.: o! _* ~1 T' i0 ~( t
(3) No refund shall be granted under subsection (1) in respect of a claim unless- z4 c6 y! C- ~; C
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& }7 J z- f9 B3 O0 @; }2 }respect of which the claim is made or otherwise verify the reason for the claim; and" ]+ \% n! I; R S$ k) r) n
(b) an application for the refund, including such evidence in support of the application as may be
. D0 N* h2 U" N- Oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% o6 |/ l4 v: e0 d* [* m k
prescribed information within: n+ m/ \5 g& \* B1 x/ S
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) [' A/ @+ E0 A$ I
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 ?7 m- g0 L' Y/ ~$ b6 H
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ Z& v T# M& M' V, W2 vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) V2 I+ ^& e: P
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% h, Z( [( C9 V
this Act as if it were a re-determination under paragraph 59(1)(a) if
6 W4 @$ F- t; K- B(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, R+ F! S/ D# z6 @7 K$ {
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 @' V& |" b+ ~0 K' Z
eligible for preferential tariff treatment under a free trade agreement; or. [4 c1 q- D/ d# m# T& {
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 m X6 b( f# Z7 jbecause the origin, tariff classification or value for duty of the goods as claimed in the application is- Y; h# ^' { I z+ n
incorrect.
0 p. ~2 t8 e& P& F(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: H* d) I$ N n' `; n( c(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ {: [0 u2 J# B+ X* A6 c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 v8 R0 I6 W9 |% @% Z+ H% Cwere a re-determination under this Act of origin, tariff classification or value for duty.
! c5 v# M( L( O8 y. V) K4 s/ B
. T* O- g) r) M这到底是说可以还是不可以啊? |
|