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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 G& ~& h) I9 {9 [. d0 W
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
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Refund Requests. _8 T( }; |3 }5 ~% n0 o) y g9 H
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 Y" _7 \; [1 m( I6 r; o3 D& J" _
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, c d3 d- P/ @, I6 T
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# L0 G! J/ u& @: A: x(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 }% K6 T, x, o7 z7 yCanada to the time of release;, {3 K) s* J. }
(b) the quantity released is less than the quantity in respect of which duties were paid;% w$ F' \; K8 K; S2 h; {4 U
(c) they are of a quality inferior to that in respect of which duties were paid;" t4 S; W+ {9 @; [9 g; D, |
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; C! s! m# H- N( f3 i. J% itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 p+ e6 _9 O& G0 O7 X) c0 p: t4 _case may be, was made in respect of those goods at the time they were accounted for under. r _2 F6 V' `9 r2 X" l
subsection 32(1), (3) or (5);
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t, P# U' k! y2 H(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 t+ f& b8 G: x; }
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are# h$ M( g+ k' `2 @
accounted for under subsection 32(1), (3) or (5);
$ i# y* Y( ~2 k(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" m8 j2 I# N5 c2 i% P; W(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ Y* C/ e/ }( l, C- S5 v, Oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or- d% F6 A: E6 |1 a8 A2 N' f
value for duty in respect of the goods and the determination has not been the subject of a decision. a% M1 Z# M+ b7 z6 L* k
under any of sections 59 to 61;
4 D( G4 t- s' c4 k7 R- ?(f) [not applicable to non-commercial goods];6 ?. ~! h0 @8 a; S; S; W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.# o! m$ P& ?2 c0 [' ~9 n, U
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
3 U9 t' y; ?" S7 H4 Q7 Zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( j. |1 I! V1 U9 t
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; V- f" z& Y3 ]- h. q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: ~( `3 K# w# F; y# t
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 i, F+ w6 z$ l0 B% e6 A6 L(3) No refund shall be granted under subsection (1) in respect of a claim unless
* V0 Z+ f# n, p' G" j(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ G. \4 W2 S( Z$ z+ h* V. J* i, M
respect of which the claim is made or otherwise verify the reason for the claim; and
9 i. I* c& k$ b' K(b) an application for the refund, including such evidence in support of the application as may be
r' f# E/ J4 cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 X/ N8 ]) W& n2 t; s
prescribed information within
9 e2 @ K# W' H# K/ R4 k. \(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" j) N" F/ X$ |
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; C! B# i0 g1 G, `* Z0 a5 I
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* |9 y( W2 k* y- Z/ f
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 N( T+ B% T' U$ h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& H7 w+ P+ q3 L: N* U% T0 D7 F- X3 ]this Act as if it were a re-determination under paragraph 59(1)(a) if; I% _% Y$ G) y5 H* M# G1 p
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 Q8 q9 P H- v3 j; cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& u7 b) d& f6 {0 k
eligible for preferential tariff treatment under a free trade agreement; or+ V0 F ]5 t& q3 E8 G" i
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 p- f, B, v1 z- F' a2 G, Sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is9 @; o) a4 n: ~" Y8 I! L {
incorrect.
- `6 _) s( v# M6 c, z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; W) r4 T3 d" s7 }# c, K
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: c& }: C* X4 l( d' V E$ sother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 M8 e/ e) j* F7 |- [9 \( N/ T! @& ]were a re-determination under this Act of origin, tariff classification or value for duty. R6 q6 @; W2 n5 }
2 E3 `6 F& e) a1 V, X2 J这到底是说可以还是不可以啊? |
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