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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 r O6 z7 R6 S; Y' }2 b& b2 c上面说 非商业 进口 可以免关税?
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9 ~$ e! ]! d9 b! _' Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests3 J7 a5 T |+ _: X" f
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 ^- x+ b! r) wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ K8 b; `) ]7 c8 ?, b. o& Hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if- W3 I) M* S1 C1 { {* i
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 G `2 v1 x7 h% a5 CCanada to the time of release;
$ c+ v+ X1 t3 A9 d6 |( N# ^# C(b) the quantity released is less than the quantity in respect of which duties were paid;
, }3 r9 G8 m6 M: L( h& ~(c) they are of a quality inferior to that in respect of which duties were paid;
$ [9 v1 [# T. @. T" b(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# ]. l7 P5 U htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 W! Y0 H$ N; ]( `5 t5 N- Z) v5 ?- vcase may be, was made in respect of those goods at the time they were accounted for under
3 _$ b+ y& W; }2 X, s8 Qsubsection 32(1), (3) or (5);1 v2 T7 z1 Q8 V- Z
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7 A e& a+ V2 m+ c(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% r9 C/ Q9 a6 y1 B: h
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are k- e% u3 y6 b4 P
accounted for under subsection 32(1), (3) or (5);/ r" T2 `$ f$ W4 z* x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 ~( u0 _7 {* i: C: @, y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 d3 U1 n; f% W1 E/ nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& ]; M& t8 _# B V( C
value for duty in respect of the goods and the determination has not been the subject of a decision
; P. C& C8 n/ p8 y$ v' Y4 Yunder any of sections 59 to 61;
; N2 `- Z; S* s, z( i3 N(f) [not applicable to non-commercial goods];: L2 P; w6 Y# g9 e0 l, |
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' g8 V8 _7 \0 s7 `$ x# z a6 ~$ u2 U
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( \+ u! u3 R& |, E5 ~: z1 non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( E5 U) ^3 {! d* J7 x$ othis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# F4 P; u1 V+ P8 E* Y8 f(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 @" T5 ] u7 w2 U& F9 |2 Sunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 ]% ^. @* k# r" w+ H4 g$ Q1 z(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 u3 ^- P( A) C9 ~# P, S0 l0 J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 m8 P4 H7 C2 j4 a8 R3 ^4 s
respect of which the claim is made or otherwise verify the reason for the claim; and6 q4 A+ G/ Z# u: \3 H
(b) an application for the refund, including such evidence in support of the application as may be
" A2 l8 a3 l' ^: F6 S! lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. |1 P2 z, x9 F$ W. W3 X [prescribed information within( K9 _0 l& @7 U. d* f) X N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! @6 G @8 X+ J9 ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and0 W( a4 H) d& l! N. ]$ f4 K
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 K, {1 E1 q, r6 L O- fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- A& L9 D3 f. P4 e(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ n- w4 ?) b# G" ]
this Act as if it were a re-determination under paragraph 59(1)(a) if
6 |/ o% [9 y% }" }2 |(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ v6 F7 R W |% B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 g K$ h' g6 F" e4 a, M+ g( ]eligible for preferential tariff treatment under a free trade agreement; or( b+ p" Y' _2 y, t
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 x8 G8 R! T8 ?, c
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: M( b) j# l) M) Fincorrect.0 \; s# w y$ N1 A% s
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ ^( h5 A% M0 {4 F/ w- ?+ ~% @9 i' M(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: p4 E+ G9 ^+ p7 i! H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 o! {/ H m6 i( G
were a re-determination under this Act of origin, tariff classification or value for duty.8 X* b& V% b. v( } g+ {
$ W3 p( y; }2 F& U ~9 w* v+ g, h7 m这到底是说可以还是不可以啊? |
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