 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' o4 s$ D( y; E0 |! E5 {4 ^上面说 非商业 进口 可以免关税?
% I- ]# U/ o6 q/ l5 t2 G9 w4 u4 C$ a8 n$ e1 ?
$ z- C; @" K% @; w- I# f/ ]4 S- O
& j9 I. y. q1 V w* o. Bhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf8 p. O. H6 I6 d; N1 J! ^3 b$ |; u2 J
4 `8 U* p4 x% U) ?, u
+ W7 T" l, Y/ e' ]% S, NRefund Requests) F- W8 E6 a9 m6 F3 O7 A2 ?4 L
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! c( m7 s0 ?9 b8 |' Bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 j/ `& ?, e$ I1 X- M% J3 g2 ~of those duties, and the Minister may grant to that person a refund of all or part of those duties, if. |, U7 c7 A7 i% p2 b
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 [: C- m, `5 \' d5 l
Canada to the time of release;
9 q' R! [: K* Q @3 R(b) the quantity released is less than the quantity in respect of which duties were paid;
$ n$ `! `9 w) \4 ?# \(c) they are of a quality inferior to that in respect of which duties were paid;
; {& W' c, s% \' B8 l& Y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: W m; l6 }9 |9 Z. n1 r' ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; ]1 V' H2 y+ Y9 X& D& X( ]
case may be, was made in respect of those goods at the time they were accounted for under
/ \0 q5 `9 Y' L \% Lsubsection 32(1), (3) or (5);
: w( X. B9 e+ I0 f q; _38 [# d6 q3 D) \: O
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: {" h9 n& X! x7 x3 Z2 i3 |4 Lpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are( I; o0 Z" d% K7 S. B
accounted for under subsection 32(1), (3) or (5);
: f2 n. W% |5 g% T z R/ M9 E; d(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 Z9 [+ G/ a! r' G% f2 P1 \(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- B( n% O+ V6 a; K5 Rof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" P5 j w2 E0 i% pvalue for duty in respect of the goods and the determination has not been the subject of a decision% s9 i9 k! P5 g. ?* c# d2 l( G
under any of sections 59 to 61;
- t" t7 V3 y, L# G(f) [not applicable to non-commercial goods];( r; g' q% {- `) V
(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 F O* |; W; M0 d/ L: [/ U
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! Z) j, n) C( x" ~; z" Ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ b# k# k7 h" R$ u3 W
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( e' _. Q+ E5 h3 p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 x' ~, y1 b: lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 I& m- w3 v8 E$ D(3) No refund shall be granted under subsection (1) in respect of a claim unless3 m2 I Z0 P _5 Y) ^" l: ~
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! _2 M* G X1 _- |! H/ t- Grespect of which the claim is made or otherwise verify the reason for the claim; and
' r. g( K2 K) Y* W(b) an application for the refund, including such evidence in support of the application as may be0 s' [% ^* X4 x/ K: y' E
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) @/ r2 Y/ L9 I5 f
prescribed information within
2 x/ V2 D2 }4 m4 b$ s/ N+ J8 F2 D1 I(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): Z+ b) t9 z6 T5 o( d
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 W0 B3 a: U# v% \8 X# Q! P3 r& t: `
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 ^7 R5 e) N: J# Q' `' b+ G; Bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& l7 R: g3 X; a0 C0 F, l(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
]2 W: M; M3 \) ^8 B% }this Act as if it were a re-determination under paragraph 59(1)(a) if$ R" u1 ^! K" j. p; f: ^
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
i% |. L% u: @3 @* K; a; r" z# Ybecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ d2 N) ?; X$ i3 Geligible for preferential tariff treatment under a free trade agreement; or
g$ o; o* m0 f3 ~2 s9 s7 r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' v* }: P8 d& I6 C# h6 g* Bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is) f3 n7 k# t! d& a% t8 W* j
incorrect.0 l; {2 Q9 @9 L5 p1 y S [
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 G# i! s6 x* u# I8 m% [(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 e+ _5 [+ q( W: B$ P: I N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 M% m! s5 X) r6 a0 r" J$ T' t
were a re-determination under this Act of origin, tariff classification or value for duty.' C) J1 X2 f+ k: f
. L. B/ c1 ~ N+ |) i( [3 S8 K/ O这到底是说可以还是不可以啊? |
|