 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
`) U: m3 E! p/ d) X上面说 非商业 进口 可以免关税?
! e1 L; J0 f9 { L5 b& m% Z4 w
' f2 _+ p/ \* ]# Z6 Y0 z: ?9 M2 P$ S, i
) h6 l, Q6 L" Y0 j8 Chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
4 d$ j; ~1 f, ?2 w
: [: ^: b+ N( I) A& K, Q2 k
: l3 G- a4 A2 fRefund Requests
# B# Z( I- p4 M* I" a- @74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# s+ J4 R0 `' [% n9 x
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 r& c+ E9 _# mof those duties, and the Minister may grant to that person a refund of all or part of those duties, if) `* J6 \+ L6 _8 B( Y8 {! y8 G
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to6 \0 c- T$ @9 i& i6 g# |
Canada to the time of release;
" g$ m+ {& l3 M; r(b) the quantity released is less than the quantity in respect of which duties were paid;
1 x) r" Y( c# y3 Z, K& V2 X(c) they are of a quality inferior to that in respect of which duties were paid;4 \& r" D* h3 ?4 W( O- f
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 P) \( R( j1 o/ d/ R" {* ?tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- p; B1 V& J% \5 x! Z
case may be, was made in respect of those goods at the time they were accounted for under6 X! ?9 U' d$ H1 {6 x% F
subsection 32(1), (3) or (5);4 Q! k* F) {6 Z) U" r
3
! i2 Y' a! P3 u2 q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for6 G# R# P$ i! G: n9 X
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 \5 ~& s" b; J6 K2 c* saccounted for under subsection 32(1), (3) or (5); ^- m# {" f6 [; v
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- s, E S5 b4 ~: a$ t% y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" q& F9 | v4 c2 h0 [: J0 L* o
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
k2 O4 R+ ~3 X/ [8 w; V9 Fvalue for duty in respect of the goods and the determination has not been the subject of a decision' h8 q8 U0 ~0 @2 S, e- {
under any of sections 59 to 61;
9 ]2 @6 M4 ]/ p6 }6 S- t0 M(f) [not applicable to non-commercial goods];
* L/ ~1 v4 \( E. P. v(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; C% a: C4 G$ S3 K(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* Y0 n% f5 N* j. R, a
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 g; Z! Y3 x, \: g( ?+ C% ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 ]/ @- i3 k- Y9 b5 Z/ ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
& B6 b- K8 J! V7 Y+ aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.& G9 G' o- t. k5 J* h
(3) No refund shall be granted under subsection (1) in respect of a claim unless- x! U/ r! {, A: e, q, t! R3 {
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) ]7 I8 m9 j5 e! l8 k# t; v& Mrespect of which the claim is made or otherwise verify the reason for the claim; and
" A" U. m4 \! |6 v(b) an application for the refund, including such evidence in support of the application as may be
: m9 w8 ^1 ]# r @# Sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ r% T ]; ]* \5 y5 \
prescribed information within
?8 \1 s$ M# M8 Q# q/ f(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 x) L" y9 p+ E9 `
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* X+ e1 g( Q- o(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% \2 \8 Q, z. L8 vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, V/ ]& G1 }: d7 d& k- i# ^(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 N. ^2 [2 x+ p% c8 t. ]4 H9 n1 dthis Act as if it were a re-determination under paragraph 59(1)(a) if: ?4 e1 K9 X% I' d- `, Q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied f) t5 m. Y. V
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 q! q0 M+ V# z) t: O& Neligible for preferential tariff treatment under a free trade agreement; or
2 C& T, k; u& j" D4 b- O(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 u# b% u, O K4 ^. n, j
because the origin, tariff classification or value for duty of the goods as claimed in the application is
' m. O! C/ n F2 @( Gincorrect.
3 h, j* M" v- U) d! ^7 a(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- A* o& t1 v$ x B/ j( d(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ A! v3 s4 x& Y2 c' g9 f l e# K
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
* q4 ~# m$ a3 T h6 Nwere a re-determination under this Act of origin, tariff classification or value for duty.
9 x" \8 j% H6 ]" N2 J; q0 b: g/ s1 o$ C H7 u' x0 G
这到底是说可以还是不可以啊? |
|