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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& m3 n) M3 q/ E, V w* x
上面说 非商业 进口 可以免关税?9 q3 l1 p$ X+ \9 k- x
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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8 P7 u5 ?& j% ^/ Q n( q# u) QRefund Requests
1 e/ ~0 u8 m6 m. q% n! X74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 U9 G) j+ x5 ?paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
F$ d: U7 E3 `) v$ dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if# C: `( D1 t# Q1 z
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 v: ^6 ~& |0 A9 O2 G2 L- P5 zCanada to the time of release;( \! M2 B* w5 Q9 `
(b) the quantity released is less than the quantity in respect of which duties were paid;& {% A! H' x. U$ K- q
(c) they are of a quality inferior to that in respect of which duties were paid;
( l+ I1 D/ W' f0 s3 a$ i" k(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! a4 @" \& L0 p: Z; z) F/ R2 f% ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* D; W/ D" j( N5 u7 P
case may be, was made in respect of those goods at the time they were accounted for under
( w) E& z, ]* k' `, w' P2 Rsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- s+ N/ [+ e3 a4 W# ?7 Opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are; c* Q2 p, D F; U; B @
accounted for under subsection 32(1), (3) or (5);) s2 E/ k4 J6 |. S
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 g* C" I* b) G, h(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) ?1 J8 I: Y( B6 l9 U' a
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 @8 ]% Z" `0 O0 @8 Cvalue for duty in respect of the goods and the determination has not been the subject of a decision
0 v5 O! {' L& P: r) N7 I! Dunder any of sections 59 to 61;/ }$ E9 }) c. F0 s- N; S5 E7 m
(f) [not applicable to non-commercial goods];' B; h3 Q6 A+ @& ]* }* L3 H
(g) the duties were overpaid or paid in error for any reason that may be prescribed.) Q' L% e+ K( k% b/ y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 x2 ]$ G5 z- {5 b. F# l9 _on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of* j2 u# A: q: p# }: E
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: d/ i# b8 [/ p1 s(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 N3 b$ \, _1 e( o+ y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.- W$ c" G$ }& m, g: g, U1 k
(3) No refund shall be granted under subsection (1) in respect of a claim unless$ p7 v0 D+ a0 B2 {) |7 m
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. D; N5 m/ y5 g7 Q( x
respect of which the claim is made or otherwise verify the reason for the claim; and
6 t5 D- E+ G: u; \. h: U( z S(b) an application for the refund, including such evidence in support of the application as may be3 e0 e* E( m+ T$ \+ A# M" D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" v) ? y0 |6 T/ ^1 t* X5 }
prescribed information within2 Y! X) o: g+ p$ x4 o6 `& K
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# v. b0 m% o# a9 e# y, L7 x; ~or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 t! I+ ]" M/ q& d
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- q2 c' U' W( R9 B+ x# c
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. ]$ U+ @% _, u5 b0 w+ c0 l(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) A3 a3 B1 a( q# P- F: U( Q7 cthis Act as if it were a re-determination under paragraph 59(1)(a) if
7 `" N# v, N7 ]4 m% `3 m+ Q/ d(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 `1 y! W& W+ M- H; Obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, w3 G+ Y! z$ `/ J* Qeligible for preferential tariff treatment under a free trade agreement; or1 M7 N3 ~+ z7 H6 r# K3 M1 u
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, }% @' h( |% C! L; D! G* k0 Fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is( a& k8 g# \8 T- A
incorrect.$ s# w+ g+ i7 b
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 p) v, ~. X5 @, D7 r0 v
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 Z+ W/ c$ y0 B2 I/ x4 H, ?! k5 Q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 h. U3 M* O% S
were a re-determination under this Act of origin, tariff classification or value for duty.1 r @; l- Y8 n* N) B L
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这到底是说可以还是不可以啊? |
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