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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 w/ f6 h' R7 h1 `6 w& R
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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5 E6 P! w) L$ G1 |. L5 jRefund Requests
; J8 k' h# E+ ^- M1 M74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who( |' q, ?5 A q1 e
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
! u) W$ j: M' c$ g X: fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 Q3 l, S7 A" L6 X! V9 ?
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 |$ L/ f: Q% aCanada to the time of release;
% V& Q# D* J4 h) u, d1 ]/ E5 f(b) the quantity released is less than the quantity in respect of which duties were paid;( r+ P3 q D. m5 S5 d
(c) they are of a quality inferior to that in respect of which duties were paid;
- j% H7 b( Y: c* o. h( ]5 }( N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, Y( c- d ~- {1 p+ M& _5 R4 ]. Z% Mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 I, ~9 y2 k+ J: ]
case may be, was made in respect of those goods at the time they were accounted for under0 B6 O' M" E( U1 Z5 D4 }2 @/ T$ m' u
subsection 32(1), (3) or (5);
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' z1 e! H' o7 b3 f9 _# v(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' @# Z4 W; G$ M: u; y0 S* w7 Q+ e
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 F; n6 m2 }* Q- S6 ?$ E, Q. Taccounted for under subsection 32(1), (3) or (5);
1 ~9 ]) U& \& U" Y$ \# Y(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& T$ `) D2 T0 @, d+ t* `(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' A) P. z+ o4 E. y9 r
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( v; [2 @1 T8 E( d
value for duty in respect of the goods and the determination has not been the subject of a decision) q* i: ]6 t4 r7 U1 Q0 ~" S
under any of sections 59 to 61;' ]# K$ N- i3 ^: H" C
(f) [not applicable to non-commercial goods];
- V$ _# W) `9 B: ?3 u(g) the duties were overpaid or paid in error for any reason that may be prescribed.- |3 t0 Q" K3 o0 b3 `
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; s% q, m2 J. |% t1 m" _2 S
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
3 E9 V, j* Y$ p5 d3 z0 |, Zthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 g O8 d6 @- u+ n
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ W/ r+ _$ F# A' W" Z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
; S, b, N: z6 ?5 z# ?(3) No refund shall be granted under subsection (1) in respect of a claim unless5 B5 \) i( E$ s: b1 C
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% A# e; B; ~ i+ ]
respect of which the claim is made or otherwise verify the reason for the claim; and
( s$ `* I" g3 t; n& e(b) an application for the refund, including such evidence in support of the application as may be; a O, I$ [% s% d8 c5 F& {
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 \7 q; l6 O7 _% @( ~7 `! hprescribed information within+ V: o0 X. C/ N" C4 G0 G' f
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ x8 O/ [/ K0 p4 ? n' zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( `! e# ^' o% _1 Y _. I" H' |- b5 t
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& v4 V% U# i) D! G. v5 J# k. P* Rwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! R+ J0 X! t& g(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. c& B) g3 X5 P' A+ F; Y& M) ]
this Act as if it were a re-determination under paragraph 59(1)(a) if* o, K i! X8 \% c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied) T7 ]# m9 r! D9 ?1 x! ~6 S: e
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 y- R0 _0 r6 \5 \" i- ]* ?% k. G( p$ zeligible for preferential tariff treatment under a free trade agreement; or0 y2 d7 D O) t$ j" u' L
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; t7 V# a$ l8 A6 f* E, T8 a
because the origin, tariff classification or value for duty of the goods as claimed in the application is; O# y( v( \' J& D* R! N
incorrect.+ f# ^( k: L; b8 ~+ [, S
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 a" v* Q/ V" t! S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! E$ O8 H. @2 R) o/ }, H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% j" N% C- O" {+ i) \
were a re-determination under this Act of origin, tariff classification or value for duty., P- u4 L/ [/ q# j, p$ D5 l
. H# E* _7 V0 t这到底是说可以还是不可以啊? |
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