 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 p9 C8 m' P, z3 M4 M! r, m& l( B上面说 非商业 进口 可以免关税?7 ^4 }5 B1 g1 ~: ~4 O0 @
) S! e% I$ c2 |; y# y
( p$ W# V" ?8 _4 ~7 I5 J
, {7 t4 W; z, H: r ?http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
* n& a/ w r/ x$ m( O4 \- \! H4 G3 V: j/ t m2 D3 d
5 W: x, N' Q4 F5 ^
Refund Requests. h3 x, U# G8 A" I
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, e5 g9 W+ {. c% U& ]paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ O" ?+ e2 v4 P) R7 jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 E$ n6 ?9 `6 n1 p# m6 R Y% W5 L
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% D6 p5 ~7 Z5 _- r0 VCanada to the time of release;
/ @9 \9 x6 e' x' l(b) the quantity released is less than the quantity in respect of which duties were paid;" {8 v; K' n% |& X) \
(c) they are of a quality inferior to that in respect of which duties were paid;3 w2 [- D& i/ |# _* _$ O) L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; u: \+ T4 Q" P7 m1 C
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; d3 P! v7 b8 e! {
case may be, was made in respect of those goods at the time they were accounted for under
6 P% D/ y8 W2 isubsection 32(1), (3) or (5);& c! x0 o% g2 J% P! V
3* X1 C5 A8 y- B
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for- s" `: c1 @3 F2 A. p0 M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are- w# {" L: U/ ]/ p; c3 d# L7 ~1 c1 r
accounted for under subsection 32(1), (3) or (5);
* f" G; ]3 c' q$ J(d) the calculation of duties owing was based on a clerical, typographical or similar error;' Q2 R2 b1 l( i/ F7 Z5 X
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: a$ }9 C' R% A+ d, iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
$ C9 q; J: z( h9 d! evalue for duty in respect of the goods and the determination has not been the subject of a decision. D) P- E# m/ ?2 F( y) ?$ C( P
under any of sections 59 to 61;' O$ B5 o+ E6 {! k7 O
(f) [not applicable to non-commercial goods];/ R5 x3 H5 l0 S" F
(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 R2 A6 q; ?: O- d) A) L$ Z- y* \
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; X9 U' z, R" Z2 u) @
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 ^6 B7 o) g& B" x' G8 ~; x2 H! E0 _
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 }& p7 N& c# ?- N+ |(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; p# O V* C& m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.5 h6 |, j' H+ a* L( E7 b
(3) No refund shall be granted under subsection (1) in respect of a claim unless; k1 v% b; ?* C* b
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 f L: o5 ^3 z& l* W7 V
respect of which the claim is made or otherwise verify the reason for the claim; and1 k; T, \: ^' f; L8 Z% j
(b) an application for the refund, including such evidence in support of the application as may be
~4 \/ O1 I4 Eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ m, O+ K8 ^$ E% g5 b6 T; I/ U
prescribed information within' F+ J2 h6 C8 ?9 N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 H& a" n& @$ h9 ^ Z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 c- S# w1 F ?(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* ?5 L) Q+ i; L. g* J- @( J
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ C/ J* o, i- T. [( y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ Q2 v) t# Z3 X) @" Z. U
this Act as if it were a re-determination under paragraph 59(1)(a) if
' n- |3 b) w& X(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 t8 z W+ f+ {1 Gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 o0 V6 c |: K/ h
eligible for preferential tariff treatment under a free trade agreement; or" n' L( j' D; V5 g5 q9 J+ u
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! h; V6 z$ r! q# n( x
because the origin, tariff classification or value for duty of the goods as claimed in the application is
% j6 A* Z) Q: }+ ?2 r+ h. iincorrect. U. ^8 K# m/ x, r
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 T9 i: Y1 n+ o6 `2 b# A6 P# j
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% O/ m. _2 Z3 F" g sother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' W. @$ }2 b; q7 E# l( B( d5 w$ b
were a re-determination under this Act of origin, tariff classification or value for duty.
# [/ e: K+ n" M9 a4 E. O5 p# e% F
7 h1 U. \$ R7 ~- b% L$ |. E这到底是说可以还是不可以啊? |
|