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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# v$ l1 w$ M& A8 g, l: Z; D上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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. B4 ~0 P5 |; T7 Y( {2 `& i* B3 mRefund Requests2 ?5 }2 M4 [8 t* \
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 y) Z! J/ L+ {. |4 X+ B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part: D9 F9 S8 c+ A# V. U; _8 y2 R
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if' x* |. E& C0 P
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. Y: [- |% e& h8 V' S
Canada to the time of release;7 N F6 {0 s7 m7 J8 o3 s/ z5 M! o! G
(b) the quantity released is less than the quantity in respect of which duties were paid;1 C' u' j8 [1 S6 m1 c" h
(c) they are of a quality inferior to that in respect of which duties were paid;
6 [: O, m" \0 I# ^) S6 |. k" P" J(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; t+ M- N1 c; G' O* x' \" X: rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& i$ [, W" H" q: t9 B0 Q8 g. o8 @case may be, was made in respect of those goods at the time they were accounted for under
% K( {) O( A7 q' \9 O6 wsubsection 32(1), (3) or (5);
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+ y& _% ]) H4 K! ~$ E7 J8 h2 j(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 b/ H3 e( o( }9 _: Qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 L; x8 y7 z9 k, T4 \) F% yaccounted for under subsection 32(1), (3) or (5);) u' o# S: K% d5 H* k& M
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 Z$ }0 o" g- c(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) V) o% [; r( n5 b4 e: v
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. s0 g. L( z4 k4 ^5 c+ z. j+ Qvalue for duty in respect of the goods and the determination has not been the subject of a decision
, i0 n8 y- `4 f/ R+ o: Munder any of sections 59 to 61;
' a' A5 s+ y* V! {( s5 q* \(f) [not applicable to non-commercial goods];9 Y* I+ X* k* @$ i0 }, ?8 D* p& M# T
(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 C( T2 X, e( _
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% p. }8 Z0 N8 L7 H
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 k! l- q7 U, x: ], _2 b' O
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! p+ W6 ^4 [' J7 f$ o(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 Q5 y( N7 t/ b$ xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ J1 {+ M2 c; H$ L2 I: c2 Z2 C2 w(3) No refund shall be granted under subsection (1) in respect of a claim unless
- n1 C; o9 b+ q+ Z* h$ D( O+ m(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 `. A( o5 ]( E! ]/ Vrespect of which the claim is made or otherwise verify the reason for the claim; and
( |; X. x+ Y0 L! H& W6 C4 i(b) an application for the refund, including such evidence in support of the application as may be
8 m; p* K4 }( q* [) iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# E8 p& {/ k! E& a
prescribed information within
4 O, G- i& }* \(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ G/ N. I7 Z9 k* V: bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. H# J7 X$ W) a# F(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( L- M- U/ p- I) E0 Kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ I1 m, J, l3 t6 b6 A/ _7 k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 Y+ f0 Z/ k8 j) p* S( Q3 ^4 Xthis Act as if it were a re-determination under paragraph 59(1)(a) if
7 c) p& R7 @, p(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* P8 G5 C. q' a( ^+ Ebecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' t! x5 O% e& c. |5 o4 b
eligible for preferential tariff treatment under a free trade agreement; or
' K0 P$ Y* B; v r" P(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ [/ v0 K8 k+ s: I; i! Rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
: p7 g5 g" p1 ] A: P5 r$ |* yincorrect.
1 D5 w+ ?0 L1 s1 F(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) I0 W0 g* S i/ [6 x; H) i% |2 L% g(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- P/ q, f$ x; F* N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% g' k" Y {/ D9 I( d/ X& ], h
were a re-determination under this Act of origin, tariff classification or value for duty.
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; w( b7 A( F, ?+ ?( `% B* v- i这到底是说可以还是不可以啊? |
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