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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# K$ |5 d. o' _上面说 非商业 进口 可以免关税?7 t8 ~! w/ K! I; V1 c
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g5 B. m, x" o) x, C, Whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 j, V" K0 D0 N$ J: d) N' o7 t
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Refund Requests
5 G9 r. W* G, J% G! o7 \. ^74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& l$ \6 @4 o- ^6 Q, t
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% t2 [" Z) h' n( y& qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 ?8 E, u, h) A- S J( p+ b1 Q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 @ j! X+ j8 Q. f9 SCanada to the time of release;) T: N" v+ O) v4 [! |' L
(b) the quantity released is less than the quantity in respect of which duties were paid;
; i+ i& q4 w2 S: A( Y(c) they are of a quality inferior to that in respect of which duties were paid;. v( n+ V: f, W: ]: S& k- {. A# m
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 s& f2 p$ h2 _ b) Z) n8 W2 t- l" P8 s
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 x8 y3 e& [& q; N+ j
case may be, was made in respect of those goods at the time they were accounted for under) w7 S1 {( q' z4 L
subsection 32(1), (3) or (5);
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: p1 B7 w" i% }) [- S& a(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for y6 u' p7 e& e3 I# ^2 h
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' i" f* K: S1 j- X; Kaccounted for under subsection 32(1), (3) or (5);
7 Q- ~4 `; w0 T% Z% |(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ v: I4 p m4 Z- U3 U7 Z6 _
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* O+ N9 y9 Y1 \! |: h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 X$ V6 S" {8 j& h, V. c) C
value for duty in respect of the goods and the determination has not been the subject of a decision$ U/ W- a- Z6 L/ c5 S
under any of sections 59 to 61;2 q; H7 ]; x+ c9 X( t2 T
(f) [not applicable to non-commercial goods];( g! h8 q+ e: j0 }! \; a: n
(g) the duties were overpaid or paid in error for any reason that may be prescribed.. [. y8 V& E: X$ ^/ A' s" U( j
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 `5 e! J) N+ h+ v8 Q, `# a `on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 K& d# @1 ?9 I
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! B& c" r# k. W7 B) l- E
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- t. ?& Y0 I' C. D% k6 m& q
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( K6 a* r6 O; f9 j9 z. b(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 j4 R$ k& {# K4 R2 S(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 L9 d, }/ `" S- F6 N
respect of which the claim is made or otherwise verify the reason for the claim; and; M1 v0 T: p+ A5 ^& q
(b) an application for the refund, including such evidence in support of the application as may be
; p& E- m/ Z. {' @0 {2 G, s7 e- [4 gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 g+ a) l" N; b4 @2 w6 @0 S
prescribed information within0 G) z" D3 l( }; y& u3 [$ c" {* w) t
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% V6 Q% }- e X O5 u) H+ z# e Vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 |8 L D/ w( D% I$ n5 n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ c. G: D9 O6 F+ d$ I% L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% a6 o5 Z4 ?6 ~$ J9 E) D' C
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; z4 y3 a$ I0 |7 |) {0 [3 E. v
this Act as if it were a re-determination under paragraph 59(1)(a) if
0 [: y* `% {. M1 Y3 A/ [(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: G: R* Q' ~) L* Wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ @* s z8 Q# V
eligible for preferential tariff treatment under a free trade agreement; or8 s( D+ d, M) s, S+ |4 K, s
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: x) x3 Y& ]/ k6 c% d! O7 c) ]because the origin, tariff classification or value for duty of the goods as claimed in the application is
* G. l" K; M/ i$ M- r, n9 kincorrect.
W. T; ]# K5 w6 @9 O(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 ]8 g) o0 n0 H1 M! p/ y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& {9 x0 H+ U6 X1 q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# Q, \) @8 ?+ H N, ^6 uwere a re-determination under this Act of origin, tariff classification or value for duty.
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