 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
( Z; L# _ F6 l9 u ]" Z- R上面说 非商业 进口 可以免关税?$ v B6 f1 M* G+ t6 R2 _) {
- Q7 I" L9 b% s; W# P2 ]$ w) c; ~7 a% R/ d. o4 \% ~4 J
9 D: F6 m; {* Uhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
& I; @3 `5 n5 h, M& [6 f
6 P" o! s# H1 V2 p2 v$ W" ]2 G. U4 h9 v- p4 ^$ f0 C" s
Refund Requests
, t6 @! e4 H" G' F k# k74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 [9 Q: M$ W% R9 K5 Kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; m7 v% Z5 o5 O4 J3 u6 @. t
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, q/ }; v8 C1 D3 R* V' i4 X9 }4 c! R
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! T. w2 V& o/ zCanada to the time of release;
8 e6 ^3 R' W+ P6 z(b) the quantity released is less than the quantity in respect of which duties were paid;7 R1 [3 C" A0 W0 B+ D0 t% c
(c) they are of a quality inferior to that in respect of which duties were paid;9 E% {3 u5 H" s, b3 m! A: I
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& P; T( U7 z/ g/ S) n) A$ Q! Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ M9 p$ \! l* N
case may be, was made in respect of those goods at the time they were accounted for under
3 h8 F9 u& \, E& p4 R& c& V9 a0 [subsection 32(1), (3) or (5);, Z/ [" m& J# h1 C5 l+ \* \
3
& Y; Z5 u+ j5 ?3 h3 C: Y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: R7 j& n! ?6 H% W9 D' jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are: ~0 X! ^4 V- ~, T4 { \1 I$ Z
accounted for under subsection 32(1), (3) or (5);
( A7 m4 B5 K* k' e4 x(d) the calculation of duties owing was based on a clerical, typographical or similar error;; Z3 U; f- f! U c6 W0 V
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 f5 ^- ^4 I, U7 M5 Uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
6 ~; X4 @& S3 E1 q/ O$ |: _2 b7 cvalue for duty in respect of the goods and the determination has not been the subject of a decision6 ^/ }- x3 O4 R& s$ g' `
under any of sections 59 to 61;
( w% Q0 B( i& M3 N5 c2 L$ H(f) [not applicable to non-commercial goods];0 D) q- V# @! r0 N! y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 O) B: m& s: x: f3 v" n3 ~
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" L8 k2 H; y( Ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of S+ A# r' }6 X; s) `
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 T; a& u3 H8 D* j+ c(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( x: T0 x U$ ^9 d' f" ^% {
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.& _' V+ ~) A- g1 b2 Q7 h' `
(3) No refund shall be granted under subsection (1) in respect of a claim unless6 s% g6 `3 e4 `% k! F+ d
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( q; J" S1 u3 S j! q& M+ U% Brespect of which the claim is made or otherwise verify the reason for the claim; and
7 W8 A% P* t: ^/ X# T/ o$ ]* y(b) an application for the refund, including such evidence in support of the application as may be/ g5 {. }' i3 G! m" f7 @ a) P, X2 w
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, ~2 Z7 Z. ]& D' hprescribed information within: p& g' Q- ~2 s: F Q6 G
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) \ a: u. w, N( ^" ?
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 [, d# h4 \1 P; Q" @(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 K/ [5 A6 A' Dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# Y) C) p( D' F6 c1 C N5 g(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# E0 o U! | n9 e5 @- s
this Act as if it were a re-determination under paragraph 59(1)(a) if; H5 ]. F0 F" @/ R; u; u/ r6 \! r
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: ]; g- |( S* @1 ybecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' c7 G7 k5 A6 g% deligible for preferential tariff treatment under a free trade agreement; or9 @4 N; p3 q( t- H
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: }6 p# ` S: F; _, [because the origin, tariff classification or value for duty of the goods as claimed in the application is7 N; F+ \' W- k6 a; A, G
incorrect.9 S% s! R1 E- w
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 y( P M- J* ?% V" k(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* L6 ^* p) P/ _+ w2 a; A' {
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; c; G" ?- h; Qwere a re-determination under this Act of origin, tariff classification or value for duty.& q- ~ _( H. o r9 q
8 ^5 x( w( v' M! g6 [- y% y
这到底是说可以还是不可以啊? |
|