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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
5 Z- D/ g4 k4 Y# a8 C上面说 非商业 进口 可以免关税?
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- k! P7 J* u9 b1 r" z/ Z/ R( L; `http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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3 b8 j% ?1 h% `! K% iRefund Requests( Y1 S, I. d+ p1 C
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 l/ N, {/ ]1 w! ]1 Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% Q4 d6 H+ R" ]" O* u" {0 J3 L- cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' r0 U+ N1 a: D5 w& L5 e' {+ c8 j(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; x) R; K" j/ g) v8 L/ x3 YCanada to the time of release;& {8 i% {1 ~1 {
(b) the quantity released is less than the quantity in respect of which duties were paid;! @9 t8 E8 X/ y
(c) they are of a quality inferior to that in respect of which duties were paid;
0 a2 M l8 O4 p0 [9 q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( q* B. b- {+ n/ K! u) Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' r+ F- ^3 h% ^. ocase may be, was made in respect of those goods at the time they were accounted for under* M* I1 E) D2 V. B" ?. l
subsection 32(1), (3) or (5);
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$ l; g; A/ n% ^% T {$ @* `# J- } t(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" j# k/ K: `5 B& p9 Q9 Ipreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
( e: T w! z! _0 y) i6 Qaccounted for under subsection 32(1), (3) or (5);
9 `& c9 c" } ]8 T" S8 S$ P# O(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 g( c9 f. G. W- C; Q( f3 q9 y& t(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 @2 c! E9 u# @9 r! yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 j9 O8 X6 c8 K1 U. s, }" ~' Pvalue for duty in respect of the goods and the determination has not been the subject of a decision8 O8 M' X! W, @
under any of sections 59 to 61;
7 a8 _2 }/ p' Z# `* ^(f) [not applicable to non-commercial goods]; j. d# D( ]6 \
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ \/ _* @, z7 Q/ i) k' j
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( S9 H9 X$ P% g1 H' bon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ W2 s4 V( U; B. w' y/ @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ ^; n- ~) z: E. s6 U(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 ]5 w) L7 @8 x" Q O
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) n7 ~) x* Y" P5 x: L1 }(3) No refund shall be granted under subsection (1) in respect of a claim unless4 T/ S9 ^0 J6 S6 e7 a
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in0 L, D4 K" { x* Z% J. u" q& E' B
respect of which the claim is made or otherwise verify the reason for the claim; and
9 g/ A' S3 R9 g% A(b) an application for the refund, including such evidence in support of the application as may be
8 ]9 L7 u8 [( i/ l) Xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the. n+ ]+ B% {( \( s5 |
prescribed information within2 `+ R7 p0 i: h3 y: {
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 d8 o& Y% j' \, [
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% [$ I: g: T9 i(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 q7 m9 O! r; y* d+ W$ `were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ ~' S! y5 Z9 I1 `2 ?(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ e) I4 ?# Y) R5 g" g) S
this Act as if it were a re-determination under paragraph 59(1)(a) if
0 u( K4 X( g3 S$ M. C7 V(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 l: q+ Y- v) g- R- q5 Y. }7 v7 Fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; c# w% l4 |' g- N
eligible for preferential tariff treatment under a free trade agreement; or
7 D0 u+ X0 M- E! ` f4 A(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; f2 c! ~7 ?9 G' X: c. r& {
because the origin, tariff classification or value for duty of the goods as claimed in the application is" `4 z4 v& Y7 t& ]4 L- V4 T2 w
incorrect.4 }1 N' A: A& ^# ^! ?
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( U5 i; G5 z) {; @: Z; {(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! {- U* P( `4 N2 E2 dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it I" G0 I; z1 W/ V4 [
were a re-determination under this Act of origin, tariff classification or value for duty., n/ C; H9 o$ Y4 b1 C
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这到底是说可以还是不可以啊? |
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