 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 G' f/ N$ G$ @上面说 非商业 进口 可以免关税?
$ H, b0 w% c: ~
: s8 n! \3 @$ G P) _% \; m$ I6 f9 n4 q' x- f/ p: @
" J, M& }( r0 ^+ I6 J, [0 p
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ t1 ~4 \4 b, u1 n; t( J. s& u$ s
7 b# N7 w' _' @" n$ f- G! q5 m1 M2 _5 w t! y1 O- Q }5 l N- X& S H
Refund Requests
" ?# `* V0 B; U74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: _# ?3 \5 T9 [7 h) i, Ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. k* `1 [$ ?: Kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if- c; H, s6 g0 L- V- c% _
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 G: ~+ T$ B( M/ ~ w3 E( xCanada to the time of release;/ @* r+ u9 n5 {1 S0 ~/ a
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ }5 C. M3 ?) G8 K3 K. o1 f; l- K(c) they are of a quality inferior to that in respect of which duties were paid;
* ?/ D1 R. I; v: v0 S(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* J+ a ?. I) {1 l0 x4 gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 x: p4 G/ e$ d2 Z
case may be, was made in respect of those goods at the time they were accounted for under8 `8 h: e& V1 T2 Q6 P
subsection 32(1), (3) or (5);
8 [4 r9 a& q- q3 ^1 W; l3. }9 T1 E. R2 N$ O
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* m7 B0 O- A+ i2 V9 o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. b6 g X, X$ v/ o. naccounted for under subsection 32(1), (3) or (5);8 L0 C/ h+ E m' w. }: B
(d) the calculation of duties owing was based on a clerical, typographical or similar error;* d- K5 Y6 S- P9 ~
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 l% ^7 G1 I" Z2 T6 Vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or O6 E J, x* f& A
value for duty in respect of the goods and the determination has not been the subject of a decision
& b! E" s% i1 M5 g. ounder any of sections 59 to 61;+ H% }( Q5 o/ F3 [
(f) [not applicable to non-commercial goods];% ^0 z. { \9 [" W3 y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 {; B( O0 L: ~0 G$ D: M# @+ ]
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# ]; ^ v3 ]$ z# von tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. H* m5 b, t0 V6 wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 I, a4 ?7 z( T E7 R(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ u) Z/ S# c( `* R* Q
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 Z0 V: ?+ U" H! `* n- T8 q
(3) No refund shall be granted under subsection (1) in respect of a claim unless+ Q( `+ G$ f8 u+ J+ p1 ^- W
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 l: O1 l6 w4 C0 M2 u2 t$ S! Xrespect of which the claim is made or otherwise verify the reason for the claim; and
) X- F5 x2 S' n( U(b) an application for the refund, including such evidence in support of the application as may be
6 B# B0 L9 ^( H3 |* u1 B- R* d# Z# x( b4 \prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 ?1 @9 w7 n+ c! F& f( R" ~prescribed information within: }- Z0 Y9 Q' p% h8 X+ f) U
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) Y" O* |' T3 Z, L. |8 @' i9 G
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
" K/ w0 ?& D# n/ \' Q9 x(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, L6 G0 e/ c/ X" ~& y5 V Xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* v8 y2 B0 \6 Y( z0 P6 ~+ A0 F/ s
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 B/ V. P0 b6 f) w& n c' H/ v. B7 i
this Act as if it were a re-determination under paragraph 59(1)(a) if
- G! W( O; R" P/ Y5 |9 y. V(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; _ r5 d, {3 F+ Kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# {1 `1 k4 I# y2 |& y* U# @
eligible for preferential tariff treatment under a free trade agreement; or
7 G$ t' J+ V) u(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; P6 w- T& V% \because the origin, tariff classification or value for duty of the goods as claimed in the application is. U" C9 q P( x# i G/ \( q6 e8 v
incorrect.% D) l' G5 f0 o- Z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 A _' ?4 N: j, M(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 ~/ C& K# u. d7 bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: z+ V9 ~+ D+ P6 @' j) V0 q3 E" z
were a re-determination under this Act of origin, tariff classification or value for duty./ w$ c- y" V6 b, b! W8 i0 S
$ g" Z5 d; ]# v, L8 A# S4 Y
这到底是说可以还是不可以啊? |
|