 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* B) f6 E0 q" o: i$ r% T0 A C; K" b上面说 非商业 进口 可以免关税?
) B5 v6 H) b5 M' } ?, Q; A8 `1 m! _& Q% k% A! \
) u, Y# S# s c* f0 F, b# y2 U. n3 s, ^' z% C# x0 [& A0 Y
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
, _. W# U4 ?% R, @& x+ {2 ~3 {, f) A. c( P
- w/ E& S* D2 r4 h) r& U
Refund Requests. J: o! |3 t8 f3 y, ]* f
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# K1 t( A4 s8 l3 [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part2 R5 c' q! S; N
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 v3 H; J4 R! s5 L* [
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. w9 l9 }+ L; n/ \) D0 @Canada to the time of release;* N* ^+ o1 R- Y& P# @
(b) the quantity released is less than the quantity in respect of which duties were paid;& N; t/ x: w. M. h( Q7 U
(c) they are of a quality inferior to that in respect of which duties were paid;
7 f/ g( j1 F6 m! \) K0 @# R5 R(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: \# j" P* j1 G& C+ ?tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& E3 [& R7 Z' A) Z& A/ d" Rcase may be, was made in respect of those goods at the time they were accounted for under
: G5 N& u$ ^- {4 R0 L( X, tsubsection 32(1), (3) or (5);
' U( i% ~/ j( X0 O. i1 B3
+ k' y; V7 l4 z1 \+ r(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' D; v% b. s+ Y. t9 v, [( _" C, |
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
e/ i( @& m6 laccounted for under subsection 32(1), (3) or (5);
+ Q9 ~: X4 }, k1 s(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ E( B& o$ J8 V6 k2 V: E(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 ]( ^# O. z- @0 b$ M ?8 U
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! U4 O! h+ N A8 r: X& M
value for duty in respect of the goods and the determination has not been the subject of a decision$ R# O$ {2 x# I. o. P) h
under any of sections 59 to 61;. Y0 C5 F& n* _% E) m& n2 H
(f) [not applicable to non-commercial goods];
6 C* K7 a$ A' s/ Z(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 `1 v' p2 D# O(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 J4 _3 {( F/ N( O2 G
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 }- ~- ?+ ?. g
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 c- l- i9 V6 J(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 S. }2 j7 | R) cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& W; @) E" J0 T- F. F: j' F(3) No refund shall be granted under subsection (1) in respect of a claim unless3 ^% L* Z: v, W" }+ _
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
2 G# N k$ w; n* d/ U h/ p9 R9 _, t) trespect of which the claim is made or otherwise verify the reason for the claim; and& l6 j6 @, B# K% a) S! t1 X
(b) an application for the refund, including such evidence in support of the application as may be" t% r* u% n9 o- r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# R2 F1 h& {3 A3 T `
prescribed information within, h2 p6 Y& ]2 j, t5 ?' ~, ]- h+ Q
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ t: N- s" V) c3 D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- X8 Y6 ^! H' Z. Q+ W) q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods$ C9 ]7 g# S2 v4 P3 V+ d3 @8 k
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.& z7 \: U% ?6 u7 m% P! F+ I
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 W0 u; S8 [5 b2 p2 C, X
this Act as if it were a re-determination under paragraph 59(1)(a) if6 z6 y0 b) G" {* z, t( _
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 ^, o& f. q) B0 f
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 `8 U a1 f+ i! X3 e- u; a$ heligible for preferential tariff treatment under a free trade agreement; or
3 `1 ]+ |) i$ r5 }, `(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
y) v1 }, K1 {) \: p, C1 L6 z, L4 Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is3 p7 d4 {. y; C9 I7 V
incorrect.7 b, m. E. R& _& \
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& q5 [3 z. B4 e5 v4 B; I( D
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: x: K5 `, ~7 p% n7 b% fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% @7 b- H. z7 U7 b/ q' ` O
were a re-determination under this Act of origin, tariff classification or value for duty.& [- P; m% A2 x+ w
. A3 B, l. H, v* h这到底是说可以还是不可以啊? |
|