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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' a- D9 a% f; r3 c
上面说 非商业 进口 可以免关税?
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/ d+ v( |* T& Y8 nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 Z; f7 x* v# o k$ ~4 K
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Refund Requests& T6 Q1 a9 Q3 _3 |
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 t7 q) q7 q& m6 Z0 L
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 ` t1 @5 z6 ~' Sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 D7 l% B# t; C(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& x6 Y/ z/ u$ y! z( P7 l. dCanada to the time of release;2 @* @& h3 u! q; S5 W. C% y& ^% @7 T1 n
(b) the quantity released is less than the quantity in respect of which duties were paid;- J! v6 a3 R1 _& H5 K# z6 z f
(c) they are of a quality inferior to that in respect of which duties were paid;
% ? Q" T. [8 D4 j( O1 ^0 B$ t(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 K4 _1 m# N1 ` {& b" _+ q9 y" g' a) ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( W+ r4 j5 z# Q) Y. k3 b9 T$ |case may be, was made in respect of those goods at the time they were accounted for under p- A8 p! B& i5 S
subsection 32(1), (3) or (5);
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) c' U) q8 X" V+ A. ^. _(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for- V' {- |7 j2 ~; Z. p
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 }7 \7 d& m- f3 V
accounted for under subsection 32(1), (3) or (5);
4 \( }' a$ }4 J* e5 m: K(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 o8 U7 T$ z) ^ i2 y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- k$ w1 I6 C) i6 Pof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" Z) p1 i A l; H( @5 m0 ?
value for duty in respect of the goods and the determination has not been the subject of a decision" F h: f0 N; P8 a3 R( \
under any of sections 59 to 61;
, B& K/ O* P* z' B( I5 w8 Q8 E(f) [not applicable to non-commercial goods];7 ?9 K0 h! f8 N4 {
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 O5 y/ v) {3 j) M+ W# A& ~(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based9 y2 F4 O3 w. |) ]3 c, n1 A
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of* h4 i0 S; ]( @' W9 ~- y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; `7 X" ?5 ?, } M G5 A* e6 l5 m(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ I- x6 O# W- S% r5 B, D' Munless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 S# ]$ T+ ^5 i6 n! U" L/ M* H
(3) No refund shall be granted under subsection (1) in respect of a claim unless) `' d( k [: g b/ N) o0 A9 d$ V# P0 {
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) E5 }0 a" D( }
respect of which the claim is made or otherwise verify the reason for the claim; and7 F) e5 p( X% T$ n% P1 R3 T4 p
(b) an application for the refund, including such evidence in support of the application as may be* J2 s4 v; P1 Z2 m1 u
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' S- n' l$ ]$ ^9 K8 d0 b7 y$ S
prescribed information within
* p+ T6 |: o& V2 k(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 ]7 v0 r. @! i. o5 P, w* Xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) d/ Z9 {' G, q' C
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: d% {0 v- l- E' Z( n5 uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* A8 Q- j# N% V& f6 d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* K: _, @2 ^$ j
this Act as if it were a re-determination under paragraph 59(1)(a) if
% H& d, I' N& n/ m5 H- U0 t(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; J% E2 n& w' w* l9 M$ P% x
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, [- u# m1 f. p: religible for preferential tariff treatment under a free trade agreement; or
' e3 M: f- K0 N5 o! t1 C; ^4 E(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 B% x7 k, a+ v6 S$ L1 {- z: tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* R4 \" J8 l. W1 y1 z8 u$ wincorrect.
/ q' K9 \: ^8 F8 {# D+ o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 r; H- e+ E6 V7 u
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 T* {+ k% H3 f J( D) {
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% |. {- O6 }) x+ a: R2 Kwere a re-determination under this Act of origin, tariff classification or value for duty.1 y% C7 e+ h7 F8 _" O! }7 w
1 O: X( j- V1 e这到底是说可以还是不可以啊? |
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