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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' S. @; k& p- h% e上面说 非商业 进口 可以免关税?
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5 n* G0 L2 v" T) |. y2 ghttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
# _( |* J. J1 Q8 o& C7 X. S' ^0 H74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ R. a8 R# C* h; @2 _3 xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- O, X$ m0 G& D# K3 _
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if: W7 o/ P. f) q% Y7 P
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 X I, x& x* s
Canada to the time of release;
5 V: J. g! I/ C, ?$ z+ h/ x(b) the quantity released is less than the quantity in respect of which duties were paid;; J& I2 c/ g2 F. h8 m V% n! q2 j+ o# r
(c) they are of a quality inferior to that in respect of which duties were paid;0 {! ^+ V9 m ^0 f2 b* _* h& s0 D
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential! S; u8 E: @4 _: N8 D+ `$ k
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: I+ J9 V& s) g0 i8 B4 j" Vcase may be, was made in respect of those goods at the time they were accounted for under. [. t1 y+ n* y5 O& I8 U w
subsection 32(1), (3) or (5);" V& v( D' d/ H3 e
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: h6 j O5 I( @# J& v
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are' p4 j* @/ h' _# Y+ s, \8 }
accounted for under subsection 32(1), (3) or (5);. u& T; | e3 x/ |
(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 S$ f k3 f5 b! S0 p% J6 E
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' x f7 C+ j6 {2 M0 C* c) X8 Cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( M$ E/ C- a8 y5 B9 t
value for duty in respect of the goods and the determination has not been the subject of a decision
: c5 J* H, [. ]" H3 cunder any of sections 59 to 61;
# P9 E# R1 o% ~3 P- w(f) [not applicable to non-commercial goods];
" ?- f! o8 Z6 w2 e3 Z* B& k(g) the duties were overpaid or paid in error for any reason that may be prescribed.- l7 f3 W5 x$ H: \9 \2 r( l& ~. x! b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: f- A5 O, `' l/ p2 ^4 L# G
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 u' K: D9 t% _3 Hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 Z% o6 S) u+ o7 s# v% ^(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. `% q4 L6 g3 W; f
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ @+ F; w/ v* L5 _. ~9 a6 t(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 q& y2 J' A6 m: U3 G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) M- M7 D& M5 r6 T; H, Xrespect of which the claim is made or otherwise verify the reason for the claim; and
4 u- E5 m4 V1 K) B(b) an application for the refund, including such evidence in support of the application as may be
' K3 ^* U1 B0 s) t/ vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# W/ P" o! q" ^/ T4 C7 B
prescribed information within4 [' A7 N7 T3 E6 n- Q- O/ z6 Q A
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 B4 f9 m0 [& x# t9 o$ Y1 o3 C
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 B G M' u3 y5 w
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- R, ~7 i. Y2 y8 P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 t5 @' J, @: M) y1 g(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# J2 R: G4 j: I6 Q+ Q7 M
this Act as if it were a re-determination under paragraph 59(1)(a) if/ K, ~* A4 }! c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. a: |" a' T f+ L. Sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ h, x- o- K! ^1 H9 g
eligible for preferential tariff treatment under a free trade agreement; or
: J5 T4 H* W5 c8 Z" |+ w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 \* ?: \# S4 a. J" G
because the origin, tariff classification or value for duty of the goods as claimed in the application is
" ?, H# E0 w; `+ D0 c& e! r3 r( F' iincorrect.
( y/ l4 |& O1 T% M% ^- s* i(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) {% H8 N3 ~& O7 H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 S: a1 J, I4 t, j. r5 _other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" \+ d- _3 O1 ]: _/ y# ]5 cwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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