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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% O7 T$ ?/ g" d: g4 t, T# a! Y
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( E4 M! [2 z1 ?- p* Y
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Refund Requests+ z7 h$ o8 `- b; X4 w
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& `0 z/ ^( r& B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
( G1 K+ b: O$ L7 Zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if" m$ |# J) L6 F+ t0 R) e9 _: w/ m
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ b7 j0 V; l; X7 @, S/ j% ?& g8 Q* y
Canada to the time of release;
' [/ d: `; r; @; c% T: O1 U) e(b) the quantity released is less than the quantity in respect of which duties were paid;
0 Z( r$ `/ O; |6 m' L" o(c) they are of a quality inferior to that in respect of which duties were paid;
4 h; V& v% m4 `9 ](c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& x _$ K0 U1 K' S. `, D& s$ ?. Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" {5 h, u) a% f7 N
case may be, was made in respect of those goods at the time they were accounted for under
2 a1 O; X$ T* ]2 Hsubsection 32(1), (3) or (5);# b$ v' H5 `/ i
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 { m3 g+ }' _
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are) w1 w3 C% g4 e: |- L- `
accounted for under subsection 32(1), (3) or (5);
; u) o* V& N8 P# N(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 s* k# ?; k! m8 w8 {
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 L5 w0 S& ^8 |1 vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% f; W4 Q1 @7 z4 {" T! `- S, a1 Q- h
value for duty in respect of the goods and the determination has not been the subject of a decision
$ m1 Y; W0 _- g, K b2 X8 `- s) punder any of sections 59 to 61;6 V( J$ W; Y; S3 R6 N
(f) [not applicable to non-commercial goods];/ d5 ?) N( }/ Y# X% t5 L
(g) the duties were overpaid or paid in error for any reason that may be prescribed.. r( K( V2 l* F2 J6 Z4 Y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( d: P w2 w- Won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& h; r: ]. g+ }. z, pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ c' u" `% P% `" q4 @$ I(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' j' d8 G% @( X/ @0 c+ h2 \' W: J( K1 z6 `unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ B1 ]$ Z4 z- _) `% L$ [: Y6 H(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 n3 n) r) ~6 C$ X- K7 K(a) the person making the claim affords an officer reasonable opportunity to examine the goods in0 X* i! P$ o0 M8 W3 k
respect of which the claim is made or otherwise verify the reason for the claim; and
- N* c& @$ d, L3 T1 J1 I$ {(b) an application for the refund, including such evidence in support of the application as may be4 W6 M, U# X5 b9 L2 L. K
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
; x$ b9 W- j# n: Jprescribed information within8 h# U+ `0 p1 Y% x0 w
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 y" ?( Y9 k0 Q7 G' e1 B! `( m1 R4 g
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 D6 M0 y9 b* g; X5 {$ X(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
4 {3 F: o* g1 P- Xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# n, x/ B4 Y% |: I w; Z5 k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 ?6 Z! L" ?* s3 B7 ]1 \+ w9 r! b
this Act as if it were a re-determination under paragraph 59(1)(a) if& h- e P/ u5 ^
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ V+ q2 y; o8 `( C8 _
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 k- H. q) ]$ Y/ U5 o
eligible for preferential tariff treatment under a free trade agreement; or1 n- w* E( D* r$ e% |% p. Z! j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: \8 ]! D6 X& G- {6 N! t, b- w3 k5 w1 z$ t
because the origin, tariff classification or value for duty of the goods as claimed in the application is U$ f+ ?, H8 _/ r
incorrect.
r% S7 h. _3 e `% ]8 N0 q Z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; x2 D/ S8 `, R$ H" k
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& K* l6 L5 F) W, n; J/ L
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# B0 I/ a# n, G& Z
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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