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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! V! [+ X& q0 E( z9 z上面说 非商业 进口 可以免关税?7 _ t! k9 }7 h$ }2 Q/ a! q8 `
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ Y- _: q8 X& ~- Y6 y. |
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! P' r( f& x5 R& K4 [Refund Requests. [6 e5 H G* Q$ D! _
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* o& }4 |' }9 [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* i1 O( d o1 c1 b6 V# T
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ K" p4 r3 R, Z8 x(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; E7 ^5 v7 ?2 R( h7 {- Y' lCanada to the time of release;
; C" w9 Y. K; m( ~& T(b) the quantity released is less than the quantity in respect of which duties were paid;
& b3 |* J8 J, B1 g(c) they are of a quality inferior to that in respect of which duties were paid;6 z+ N4 L9 {& ]2 y# B3 O
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
7 m+ r# a% W9 Z0 h: T" ]tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 F! {0 u& |( l
case may be, was made in respect of those goods at the time they were accounted for under
& c3 ` A7 h' X8 y8 esubsection 32(1), (3) or (5);+ P! K+ J5 h& w
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# s7 u% I; Q) a$ ]
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 {% p$ n1 ~, k, J( X
accounted for under subsection 32(1), (3) or (5);
' w- I0 }/ o7 \7 W(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 r/ v' I( B5 `' Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# V g2 [1 ~+ D/ X% o+ U$ vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% i/ {. o6 {& o, k: K$ p9 D) l) ~
value for duty in respect of the goods and the determination has not been the subject of a decision
7 e& J n; ~3 A+ yunder any of sections 59 to 61;
. y) _1 e1 Z' ]; [0 {- T( b6 ~(f) [not applicable to non-commercial goods];
% G; ^) }. Y/ ~" D7 E$ h(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 I) {' h. S# v' h R# R(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" v/ A$ [7 v1 B. b$ S
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ V. s- M" J/ r; Z! u4 t7 i( u% o% bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 Y( y% O1 q& K% k6 C+ H
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 Q0 @3 o% |( ` \* A' e
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 h5 J. Y3 G4 \ y
(3) No refund shall be granted under subsection (1) in respect of a claim unless
. `/ V# N& |) r e# N* _(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ t( s* @* c( L. ^* G2 @respect of which the claim is made or otherwise verify the reason for the claim; and
* G. v7 f: X+ V. n' l: e' u, r(b) an application for the refund, including such evidence in support of the application as may be* |4 b/ Z. L% z2 C8 s
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! Z( D# o9 x6 M/ c# Y
prescribed information within
/ |& o/ @- x3 B3 K/ n(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" ~& w8 _9 f6 X, D7 V
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ I% i9 p4 K7 l% b; z7 Q0 R
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 q# T4 Y, L4 N* O3 D% y5 fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. B* D; e4 F( S% d6 R3 e(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 L; x0 c& h' d5 Athis Act as if it were a re-determination under paragraph 59(1)(a) if
7 Y t/ f F0 o$ z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) p& }3 j! t5 k& jbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! T9 V( N/ C4 S
eligible for preferential tariff treatment under a free trade agreement; or+ D7 _+ w( b/ k+ h7 N4 |) j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* M, [1 e q) L. @( x2 O( i n4 @. X
because the origin, tariff classification or value for duty of the goods as claimed in the application is& c6 u2 d/ l x. U; m7 l
incorrect.* B( n8 {3 C9 q8 @' R
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
@: {# T8 A5 {/ [* N- C0 ]1 _(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 o& R7 j. f- mother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 E5 m# R0 K0 U/ uwere a re-determination under this Act of origin, tariff classification or value for duty.; r4 y8 N8 @: q2 z" @. K
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