 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: L/ x i0 B8 x2 O上面说 非商业 进口 可以免关税?
8 J& Z/ `4 q! M2 o0 |2 ~
' d7 v7 F) D3 z5 y
& w, S: Y8 o2 b( f7 j8 S% a" ]0 n! W8 T6 ~9 t: a0 v& U1 B* k* u
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
, V* k: f- m3 z' p& s9 N& l6 W/ P1 x3 a$ _. J2 {
, K* z) A9 f" c Y C. T5 _. u
Refund Requests
& U- M9 ^0 m! L0 R4 c74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& a. }8 I. H7 b* a0 ]% V
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, H0 C6 [5 }, I+ P
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' C% f4 W r+ `0 h0 a(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- c+ }6 `* z l1 \
Canada to the time of release;( t+ M3 M, n2 w* L& F* k
(b) the quantity released is less than the quantity in respect of which duties were paid;( b# r2 E2 U6 v2 E' \0 `/ y% M* t
(c) they are of a quality inferior to that in respect of which duties were paid;% P3 g0 O; |+ G7 @$ `& Z
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: ?) |" k3 K+ |1 D) p0 k: f0 Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ |) k" B/ L1 X9 M! X8 c" ~- t( q8 E) `9 R3 Qcase may be, was made in respect of those goods at the time they were accounted for under
% ~; _2 K/ p5 k- M7 p; y! ~8 usubsection 32(1), (3) or (5);+ m# Y* T1 T% A# K5 v
3
! x$ D$ z* Q7 h2 p(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 c+ q- L4 T( l1 w4 m9 ?9 A, K
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 b- `! Q- d% r
accounted for under subsection 32(1), (3) or (5);& Q% ?9 w# D& r6 S% M# ?! c2 e
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: }- a& a# ]& Q% J R(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ C2 E; f) Z$ R& M0 m" A$ r7 S
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 \+ `9 _: s! a" q0 m' }# [: vvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 m* B9 q; B) g8 M8 }5 eunder any of sections 59 to 61;8 }3 C% ?0 s, V) g
(f) [not applicable to non-commercial goods];2 F c V7 l' O+ F4 _0 l5 l# Z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.! s; k! Q0 M3 f
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 i) H5 v' P+ c; \5 \on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, N& F+ S: }" |& h: k% Bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 Z. c: Q, c$ a% k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) _2 U7 Q5 N4 ^( O) Yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 T) r1 M- o, [(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ A4 N: Z0 i0 E6 E c' s y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& n8 S6 K- s5 o0 F5 Hrespect of which the claim is made or otherwise verify the reason for the claim; and
* T8 N4 }( Y0 i(b) an application for the refund, including such evidence in support of the application as may be6 x$ S* w) y$ i9 U- k* E! G
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# r% \# ~+ y0 ^5 bprescribed information within& G; @! j- ]1 `# e. \" q" p) K- s6 M
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# V9 A1 g, T. t8 C8 r( v0 T2 Y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 f) S. S( y/ B
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' N* Q, i% Q9 H
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ u k) R i! r+ o% x. b
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: f4 k/ |: A. f( x# Y
this Act as if it were a re-determination under paragraph 59(1)(a) if& H/ Z6 b- s4 C
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" a% @ o" `" ?* O
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% g: \9 I, s5 Z ]/ x3 l& Peligible for preferential tariff treatment under a free trade agreement; or
6 c3 n+ `3 A& ?2 ?5 p6 p$ r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 t9 j/ R4 _+ `) g' g
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: u- P( P/ @" Q8 D. x$ h7 [& Eincorrect.$ ~3 h1 d C c2 T6 [% ~
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
& J$ {9 c7 y% L8 S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 g' R! W+ g, n/ t$ p! K$ vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' q7 }2 @4 H# |: D, w1 xwere a re-determination under this Act of origin, tariff classification or value for duty.
" ?! A! ]+ [& X2 z
: I1 l; ^+ Q. `* c这到底是说可以还是不可以啊? |
|