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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 F6 U5 B4 B$ i8 n4 ?上面说 非商业 进口 可以免关税?
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! \& M+ k* ^# k' \6 z; }9 @http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
: b+ V( G7 E$ i& e8 | U* y# }' y74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# ~* M, u% I3 ]" c/ ~, tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; E8 v) D* j, D7 Q6 d, d* @# [$ Cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ [* ?! ^( ^4 T$ x9 y9 P7 I(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 \ e2 E3 L! H, u7 w6 r* SCanada to the time of release;
; O4 R& l, p7 P6 A; D+ V(b) the quantity released is less than the quantity in respect of which duties were paid;6 r- p5 C( {! L
(c) they are of a quality inferior to that in respect of which duties were paid;8 F4 P0 T; Q' `3 b
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' M/ @# A) L- N+ Z3 \' I9 @' _tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: G+ Z( Y) b* G8 p% ?case may be, was made in respect of those goods at the time they were accounted for under
7 P( w: k% n. y# a3 @' {subsection 32(1), (3) or (5);# l0 G! M$ U ~4 Q; V- P
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$ Q0 e2 H+ H% r- u9 A- i4 D(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
' ]" `4 r( c$ h- u" ^9 S, ^( O5 hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 Q: Y+ g7 ^9 }" \4 x! p
accounted for under subsection 32(1), (3) or (5);3 f9 _( _7 g; l
(d) the calculation of duties owing was based on a clerical, typographical or similar error;& a2 ?' P: e5 B1 T0 d9 G! p) N# ?
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' O# U. g2 M( R" Z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 M. \9 C* ^9 M: I5 i6 \value for duty in respect of the goods and the determination has not been the subject of a decision
; X6 ?0 M$ Y# }2 j3 dunder any of sections 59 to 61;
: ~0 @4 `' u/ ?8 j/ K$ A3 v( j2 e(f) [not applicable to non-commercial goods];) n7 b8 y, S. Z5 f) B: [
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ N r& D) K' R3 j, ]% B(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 D! l c$ E* H9 r" v9 ?
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( A, L* m) d( _& ]- O( tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( g" @# M! @; T/ d% d% `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* C9 r$ V( a4 t! i- P# eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& X/ u. X- | s/ ^% P) S(3) No refund shall be granted under subsection (1) in respect of a claim unless# C, f. K, e" |1 C! R7 }$ G
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. G& ` ?: M T& a" U
respect of which the claim is made or otherwise verify the reason for the claim; and1 D9 N5 |0 V/ j6 I3 |7 w, D
(b) an application for the refund, including such evidence in support of the application as may be, q; K |' _5 ?$ E- S
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
9 P% f8 [2 a( p xprescribed information within
. r# e9 y6 d) m5 I(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). K' M ~* p6 E% S. a5 `1 v
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and3 n- s: B# b+ v
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
1 U. n8 W: }4 b6 [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; C# `1 {+ S* N& b+ c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) e+ r# p2 x5 Z: p1 k3 qthis Act as if it were a re-determination under paragraph 59(1)(a) if
6 Q* v9 M1 g: Z3 b9 x(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- @. S4 I; s% N& k8 |" X; Obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 Y" z2 D( Y1 I! meligible for preferential tariff treatment under a free trade agreement; or! z6 [1 o2 u- |4 T. c3 |- P
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 O5 `7 V3 T" T4 rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is. @4 Z; E% h! ?4 y" j
incorrect.0 D4 W' p! B5 O) d H4 [$ \; h
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
G0 w) N2 S' G! @) p(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; x! m3 t0 B3 F& w# k% q# c7 T/ H* h
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% s ?$ f) ~( I1 b" H' u8 i1 V6 I
were a re-determination under this Act of origin, tariff classification or value for duty.$ v9 v* o8 `% A# Z6 o9 A
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