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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( R) T, [0 k* c+ W* k0 v% k% m5 d( u5 [
上面说 非商业 进口 可以免关税? s; `! W3 Q2 g: q
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
! o: h# V3 f* h" h+ T* V74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 k& i. Y F8 H$ Kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) G3 R$ w. f. _4 C5 `( E) O* j$ h* S
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 ^+ Z: Q6 p1 n9 V
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ {3 {- ]5 O! L& A0 ^
Canada to the time of release;2 d3 [6 o7 T# G: q* J
(b) the quantity released is less than the quantity in respect of which duties were paid;+ V, |- |/ ^: t5 A6 d
(c) they are of a quality inferior to that in respect of which duties were paid;) k; F8 c$ `# f* I5 B& T
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( L: U$ V) g* [& y* V* Jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the4 o( J7 t( g* ~. P2 u
case may be, was made in respect of those goods at the time they were accounted for under6 M; b; V4 M! ~ D
subsection 32(1), (3) or (5);3 i( F; [* j! r9 D Q/ f D
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; n% P. Z* g/ `5 r% N7 I* n0 ]
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are: J5 V& N4 C5 v% _+ r1 t
accounted for under subsection 32(1), (3) or (5);2 g7 o ^8 \- n/ ]: J5 D/ [
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 x; w, c% G! }9 t- u1 \; j- R(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( n* h1 H1 j; u" `
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* g3 r; W0 B/ B+ B; Hvalue for duty in respect of the goods and the determination has not been the subject of a decision1 j9 G0 t1 V% g# u S9 h- F; B
under any of sections 59 to 61;4 N) t5 Q: M& P! s, v
(f) [not applicable to non-commercial goods];5 B3 M! C+ M( p3 ^& E2 d! |
(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 ^3 w* N3 ^6 c6 m% k, A `# H5 i
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, f% f: j/ `( t6 ]1 non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) z, ?: i6 N' W) U7 W, E' N
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 T. b8 Y7 m# x9 I, |% C3 ]$ L
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ P2 ?% z+ M k- d5 ?" a N* [( Kunless written notice of the claim and the reason for it is given to an officer within the prescribed time.! `$ ^2 [/ |1 m% w: A# M9 R: J
(3) No refund shall be granted under subsection (1) in respect of a claim unless3 |0 d. i4 d# c2 |
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" c! t) Q% U) I1 m* s
respect of which the claim is made or otherwise verify the reason for the claim; and% n; [' d. ~6 P8 }
(b) an application for the refund, including such evidence in support of the application as may be, \. `4 o2 |! P6 k3 X8 i+ y9 y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. O4 x5 q G. u5 F q% L- bprescribed information within; f( x. T; j" C
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 Q6 i( L. i' U4 ^4 w) U6 T- x# lor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ z5 ?/ J- h) M6 o: R9 q% A: j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( G0 R+ Y3 Z' m; x1 L# V) cwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' h r( C% o. f
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of2 _6 C- {& [% L$ @
this Act as if it were a re-determination under paragraph 59(1)(a) if0 ^! j1 J/ H9 ?
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' h) K. Z+ k+ p% |- {because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ N5 q& r; d9 k+ o# ^- feligible for preferential tariff treatment under a free trade agreement; or+ S& Z4 V) G: C% j+ f7 d" z) W
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
~$ q- P+ Z G. [8 Q5 x; tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is. g0 Y0 j+ w( e" L6 ?2 g
incorrect.
) k* o8 B3 ?$ ~- H(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 `. g9 |2 h$ A6 C# F+ }: V
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ s. B' f0 }( o
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( P* H3 k! `- c! Q# k# l& j
were a re-determination under this Act of origin, tariff classification or value for duty.
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; n; g7 z0 {3 O- \这到底是说可以还是不可以啊? |
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