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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 `* Z; K* o1 u' {+ B9 N$ K! {上面说 非商业 进口 可以免关税?6 @# c* A% e6 G H( F
( o3 L; @: W1 B+ H: z* P; z2 e: N* {2 E: N) G4 @/ R+ E
% q2 {5 [& G" [' X Y% zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 r/ H! Z3 l) ~" a
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, P5 a) S$ [5 r' W7 b: [Refund Requests, @0 |* b: e; s/ Z* D% W2 J- T
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 h G1 [, G/ M$ y, Y1 J& bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" I6 a! f6 G7 V" bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 [, w1 t" h1 r(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- \, W7 U3 }5 [
Canada to the time of release;% x, X+ [4 f6 M/ d) P
(b) the quantity released is less than the quantity in respect of which duties were paid;
! l% B# h* f `1 @(c) they are of a quality inferior to that in respect of which duties were paid;1 ^( ~4 O1 p" o H9 z7 L, z' s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) B# x$ P3 \; T" S1 \; j% p
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 z, H& T ?+ p$ e$ _( ^case may be, was made in respect of those goods at the time they were accounted for under
% E5 S2 @* `: k/ w; }% E, lsubsection 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
2 S' R4 l8 b+ _; O8 Q* u, jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 b6 L( ]' c7 ]: X
accounted for under subsection 32(1), (3) or (5);6 o9 a' K! X% ^
(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 s( B+ z5 I. n6 B$ @3 {
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 | V4 H4 Z$ iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, Y ]) q H" \3 i) M7 Y8 I
value for duty in respect of the goods and the determination has not been the subject of a decision5 x4 C, C: c) L, s
under any of sections 59 to 61;
( Q% f9 [0 N$ N( r(f) [not applicable to non-commercial goods];
+ Q- ]6 V* A% Z7 P! d(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 p7 Q* N4 i7 S0 g [
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( q1 A- }$ A( U$ D W; Son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ @: l' \4 B: C
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! g% G1 _- }3 I! D" g: c4 k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 i' {4 | ?- ~4 X" E0 a+ r; M
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ K, j0 h) H( x; Q6 M( [4 j5 D(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 L/ t A( Y% s(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ ?9 ~3 a% Q' ~* {* m7 l
respect of which the claim is made or otherwise verify the reason for the claim; and0 L: S; k2 M6 [. ?( C. K" p# ~* q
(b) an application for the refund, including such evidence in support of the application as may be# x- U$ R/ t* K! P5 f
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# k2 |8 p* V( s$ D8 E% p* ~prescribed information within
; W$ P3 ~1 T8 @/ \" S(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( O$ b$ l6 P+ xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 X" f |; i- G, c% e& M3 |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 k- K! s% f2 Z' D, L. q& K6 L/ F
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 E6 r4 F! I" f2 I3 d, ~- F9 x
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# y9 B3 V0 I* m
this Act as if it were a re-determination under paragraph 59(1)(a) if+ p; H+ e6 E! L. O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 [$ n$ F+ `6 m' [
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ V, R6 C; a- M1 ]
eligible for preferential tariff treatment under a free trade agreement; or) f& V3 p, p7 O- C
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' T9 `' h8 X$ V3 [
because the origin, tariff classification or value for duty of the goods as claimed in the application is
+ C, {- `6 h% X3 o4 o& N" \9 ?incorrect./ ?8 c6 |& `) m. p6 A
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# y! A: G' }! o3 `$ R. Y, r
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
4 o1 M+ l: e6 u" z" Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 t8 ~* W" r. @( Vwere a re-determination under this Act of origin, tariff classification or value for duty.& ]; C' ^* F& S5 f: U; E+ Y9 m" Y
) M1 y0 c" J0 h. K这到底是说可以还是不可以啊? |
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