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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' V6 j; o5 ^2 m- u' `, |( O/ m
上面说 非商业 进口 可以免关税?, m, t: ?# L# T% X' D" L R
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1 v& h. o I7 a/ v- J nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
! c. a- S4 D+ }* j74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ N6 S/ H4 M4 p% Z4 e
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 y0 z k- n/ rof those duties, and the Minister may grant to that person a refund of all or part of those duties, if% @. _) l9 y, ~5 |! _3 m/ m
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& a9 W, y5 ^ P2 O$ DCanada to the time of release;& ~( V/ ^8 E8 N1 Q0 w8 C- n
(b) the quantity released is less than the quantity in respect of which duties were paid;+ |# j9 e* O7 d' R( v. D
(c) they are of a quality inferior to that in respect of which duties were paid;0 s; {: A {; V8 N/ P' S0 x
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 S, Q$ g' b k# W4 z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( }4 D6 C, N. P
case may be, was made in respect of those goods at the time they were accounted for under
o2 j% u' x$ t l! msubsection 32(1), (3) or (5);+ X' l f! |3 X. V
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3 b/ K8 g$ |- e; j(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# L A% t% ^3 s0 c3 X, F$ y0 E
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" v: I ]# B5 l) R3 W4 K, ]accounted for under subsection 32(1), (3) or (5);
8 X% b( y- f! {- b$ P3 S(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& P* r; m6 Q+ z4 ] [) Q/ @(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 Z- f% q/ q, O! m! D" z* K
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' O' U. u% {, N# V1 H$ `value for duty in respect of the goods and the determination has not been the subject of a decision
8 ]6 j/ j6 ]) {6 H% M4 W* O' Kunder any of sections 59 to 61;* B. b( a) W9 E
(f) [not applicable to non-commercial goods];1 L& R" G9 h' a! b. L
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! \9 l0 _/ e3 L" ^(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 }4 p* Z8 C3 Qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( c$ g" T; E4 r6 j+ v
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ {" D+ c' j; f7 j(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 o# c0 c+ X b; `- M; @3 Y* g5 ?
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ s5 C/ k |8 z6 g. V u
(3) No refund shall be granted under subsection (1) in respect of a claim unless w9 N, G9 P6 ~6 Z+ e
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. U, [2 i1 V' |/ s( orespect of which the claim is made or otherwise verify the reason for the claim; and
- f" n+ p. z3 E( G. V. x% ?" S(b) an application for the refund, including such evidence in support of the application as may be
3 b8 n$ i$ Q3 C2 G7 }" h7 Hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' U k. f0 ]; O- k) aprescribed information within
. n# N3 D5 C. O! }3 |(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 K8 f" I, e: a2 D* B9 Hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" z+ J' }0 `& X/ E& S
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods j* F) s/ ?; J1 j' L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. m; j. _+ |' r/ {5 w# h0 o
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 P: ]9 A; V7 F0 Sthis Act as if it were a re-determination under paragraph 59(1)(a) if
& q" u3 p8 t1 ?/ c# Z- i(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 x- X/ l- o; ] P/ \! k6 Cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% s& w) o- U$ x" y1 b( |eligible for preferential tariff treatment under a free trade agreement; or. K' q: L0 e2 {( X5 V" k
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 T' z0 p) C* w- B
because the origin, tariff classification or value for duty of the goods as claimed in the application is
0 D* K T0 Q0 S! S2 b0 Aincorrect.
# ^1 f9 ~8 z5 m6 ?2 W- ?: B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
& P k. y2 ?# z3 b/ k' p" H(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 G2 u! {9 h7 i/ s5 G2 `% g9 U# z2 T
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" L! |, }$ y& [# S5 w9 m& I
were a re-determination under this Act of origin, tariff classification or value for duty.
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: C6 K* G. Q! R% e3 T7 D这到底是说可以还是不可以啊? |
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