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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; }! J# W; h* W& R9 }( r
上面说 非商业 进口 可以免关税?% a7 ~( z9 W6 k" i3 @9 x5 R4 k
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
# g6 z- D5 m+ i% G+ z; G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 A) |9 i( \5 c7 E
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 _+ f5 m* F8 a
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 |( d9 U9 B" g- g% o& e9 E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 t# v: y/ l0 i* M: y) M. ICanada to the time of release;
$ h' t$ N6 v+ \& w) [; u, u9 B(b) the quantity released is less than the quantity in respect of which duties were paid;7 w! w0 ? Q, Q& `. }6 ~" o0 ?1 Y' @) H
(c) they are of a quality inferior to that in respect of which duties were paid;. l) B6 Z8 e1 n& l! R0 `3 ^2 l/ s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ i/ j8 a# i. d5 Jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 j" x+ ?/ l" z
case may be, was made in respect of those goods at the time they were accounted for under+ s0 z4 Z! ^, g: A) D- f
subsection 32(1), (3) or (5);% @2 X7 }; s2 \0 V1 ?- P$ Q8 x3 V5 a
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' w+ Y2 W, S& H, n( g
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 g' O$ b6 K2 g# u' m7 Taccounted for under subsection 32(1), (3) or (5);& l: u: H# H1 S& T/ O8 W' h
(d) the calculation of duties owing was based on a clerical, typographical or similar error; m, h/ C; y. R
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ R$ j/ {8 b+ h h" W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 L) T0 s8 Y. [1 rvalue for duty in respect of the goods and the determination has not been the subject of a decision
1 ?1 p& T! z$ U: Z) t: F& [) ?2 ounder any of sections 59 to 61;6 K& M; I7 p: L1 B) m; C
(f) [not applicable to non-commercial goods];- @% H) k3 Y4 w; b# a
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 w% S0 t" b: K3 Y7 Q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based q5 p& V. p' ]4 b
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) |! V4 O, N, e2 q9 u# e) O Qthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).7 E; I( l6 {8 J6 \/ p
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; K' O2 ?3 t- s( G2 E% ]
unless written notice of the claim and the reason for it is given to an officer within the prescribed time." w: X8 w2 X l# M
(3) No refund shall be granted under subsection (1) in respect of a claim unless7 |& B; ~$ w8 ^" _$ @& f% _7 G
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* J5 T1 R. C/ n3 |+ d. v9 D: L! }
respect of which the claim is made or otherwise verify the reason for the claim; and
; q( F! B" f$ V' ^(b) an application for the refund, including such evidence in support of the application as may be5 S* V, z- N8 ~0 V
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 w5 r9 m1 r0 L/ z
prescribed information within
# J$ p4 o L4 f$ G2 _9 I(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% L, X6 o/ B* B. A( H3 Yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
B; T8 U' i1 n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& L# y1 T C; O/ e% fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 ?8 W6 } D" b. G& X% R0 c
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 U( e) C4 u+ N4 j5 u Pthis Act as if it were a re-determination under paragraph 59(1)(a) if4 m$ P4 @+ Q- C5 ?) i3 k7 n( o4 T
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; x8 _6 O* t. g4 r' ^
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
u7 |, t- _: Peligible for preferential tariff treatment under a free trade agreement; or
7 H6 e) T( }( ~2 g) j0 N2 J& g(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 D* a- {& q- _because the origin, tariff classification or value for duty of the goods as claimed in the application is. a! i% Y) d% g* E
incorrect.2 a3 c/ l/ {+ E1 q; C9 h- N" @
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 _- {- I9 R! J+ F1 G* X(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' M7 F4 E4 x: X4 f& n6 ^
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
|1 w/ Z. ?. R, _6 J. k+ Qwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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