 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 H2 c! ?3 j; Q& ?6 M2 p
上面说 非商业 进口 可以免关税?
2 C8 _$ F% n% h1 Q# t( E0 n. I3 l4 q( e1 T) h# k( k
, @# h7 K, M6 `# p; a
/ ^6 ]% J% t, z/ Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. f4 |: {4 P. N
+ |8 W. i7 G: B5 F/ i' n# C' X0 e) f# d
Refund Requests
1 P2 y1 x0 h ]# H( q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 G, z3 ]0 q7 n! z: k
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. Y- C0 O+ Z% Y/ x& z. {% s, v5 o
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if! m1 r3 D8 Y, n; t' p
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 r6 Z7 a3 f8 ~9 }
Canada to the time of release;
& J( {- e7 K: D(b) the quantity released is less than the quantity in respect of which duties were paid;$ ?$ ` A3 f3 I# @
(c) they are of a quality inferior to that in respect of which duties were paid;
# L1 U3 ` k" [, N$ i(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 f6 o, M) S. \( b! Z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the: ]) ?9 k) b3 h w! n" D$ c. t: F
case may be, was made in respect of those goods at the time they were accounted for under
" X2 E3 C0 [3 msubsection 32(1), (3) or (5);$ j2 t4 f/ u1 b
3
" {2 D/ h. f! [& o9 `# Y9 X(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 h% X! @5 X" `# J3 npreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; B( F5 f! y$ ^# k0 j3 vaccounted for under subsection 32(1), (3) or (5);
& B4 U6 c' F, n. F(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( [# O c9 f- `, \" W9 C$ ~(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" R V, w3 s1 q. _& h. V, l: K
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or) P! g( i4 T$ i/ T
value for duty in respect of the goods and the determination has not been the subject of a decision
' [/ a* J h$ V7 n7 M7 lunder any of sections 59 to 61;$ n& i$ p! U' d
(f) [not applicable to non-commercial goods];1 o! }: p- Q1 {% m, A" C
(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 x, O9 D" [7 p
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" f& ~% U6 a- oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 T( P4 f1 f1 c+ B1 ~% Z, l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; s: t# @, B5 l9 W- W& {6 W' O1 h(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" v% F& ~ |/ a
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( R$ p( @+ F7 r, d' |(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 g+ E) p* k: r" K, I(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 o' h6 S& o8 e( Z s& j
respect of which the claim is made or otherwise verify the reason for the claim; and
( U' W% ^. i! k9 O: Q; R9 E" C3 v(b) an application for the refund, including such evidence in support of the application as may be% y- g6 x5 @2 {8 t
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 m' X& d3 a- d8 v* L( C6 P' L
prescribed information within2 V, A7 ]* d* u6 B2 d/ ~5 e
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 v* Y- y6 @' Y7 _1 nor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. E! o8 `; n; c8 J' K1 x
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 f5 Y# I$ g8 `
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 E7 r# F! x' k" k- y
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 \6 i8 X* L2 B% z4 ^) o4 U+ G
this Act as if it were a re-determination under paragraph 59(1)(a) if
. H* e4 J$ n) o. N% y6 q1 C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" D6 r& s w: H/ u2 }$ Z$ E, |because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ Q# X6 [8 N, P. `7 \
eligible for preferential tariff treatment under a free trade agreement; or
7 C2 K5 b' r8 J$ c& M(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; M5 z9 l% {) v9 ]7 w# K r7 zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 i. L4 h4 K, |1 Z0 k8 W+ w% t/ k
incorrect.
2 ^# _4 A! [/ d3 R) e3 j(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" W9 ]5 `8 |% Q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
4 n1 _; G% u* S' w" Y' Y K8 ?# rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
* E. z/ Q( G; Q+ L% E7 x1 @were a re-determination under this Act of origin, tariff classification or value for duty.+ G: z, u! S& p# g) D r: r/ h2 z
% B- Q5 `* m# j9 Y4 X+ r4 k8 m这到底是说可以还是不可以啊? |
|