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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
3 e9 i" p2 y: m' f& V& g$ n; @$ u上面说 非商业 进口 可以免关税?. _7 T# V( J! _; u$ }3 T8 R1 n( y
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; ~6 E) ?- x' P5 w& s
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Refund Requests; p( t1 |0 L, C
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; G5 s8 h: F" k" f9 @8 L! O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 t C- C; C! H7 o2 `4 P
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 P1 Y' P2 B& I, f: m! N: m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. E% I! Y. B# }) O9 J- DCanada to the time of release;
4 j" m! S- c, E6 e(b) the quantity released is less than the quantity in respect of which duties were paid;
% z+ o: I; s6 J* y(c) they are of a quality inferior to that in respect of which duties were paid;
3 d1 {% k. C, N" x+ V/ w8 c(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& M* C: ~; a3 K8 htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) p2 I" f# O' A5 f hcase may be, was made in respect of those goods at the time they were accounted for under
5 g+ ^$ j6 f" d. Dsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% R, e# ?; B. J+ B: e5 R
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 a9 }7 t J! b; n. t' @accounted for under subsection 32(1), (3) or (5);
1 U; ~ T. ?& J% i5 G/ ^(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ J0 s( s* G, d3 C* `! z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 I8 i0 t) @2 |2 i% Z* D8 i1 D; d3 Mof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ ~! u/ r, R& b5 w3 o
value for duty in respect of the goods and the determination has not been the subject of a decision
- V+ W1 v; G" Z& B. J _" @under any of sections 59 to 61;# n Q6 p! V2 ?0 M
(f) [not applicable to non-commercial goods];
# ~. z R1 w0 s" k/ {1 V, n" }(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 t1 G1 o1 P! ^8 k' R8 [
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 A4 D. t- G/ t0 n1 b
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 Q$ m n' B/ W2 V# K7 L2 B
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 P4 e: v4 r, `$ p3 g/ d& V p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. ?! m8 i* j" e6 i+ y$ `& w
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! y$ C) V' s1 h5 N(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 ?, H* t% y5 `6 H- A( P# \8 ]7 ^(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
% u3 p, N4 v' _* |respect of which the claim is made or otherwise verify the reason for the claim; and8 Z [) R8 @: q) G
(b) an application for the refund, including such evidence in support of the application as may be N3 I, k$ ~# H1 p: ?
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 ^4 ~: h( g2 q' Y- j
prescribed information within+ W6 O/ G" Z7 Y y. H
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 ]3 V/ a; N. G- q/ m0 U% ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 J/ J ?& c3 D(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods! e7 L* |; w8 ^; k' n/ W
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' [% B! j6 G |1 _" D1 h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ q, L/ e) k3 K& W- Bthis Act as if it were a re-determination under paragraph 59(1)(a) if
* l8 s& L; Q" I/ r(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
7 ^: g. q' F2 ^) b& [) U3 y; G' xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 r. ?0 {; X7 w* v; B v/ g
eligible for preferential tariff treatment under a free trade agreement; or" e. p6 n' P: |) W) @$ \2 J+ ~' b
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 W( _8 B( J: \# U: gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
$ u# j' t; ^' o, j. h- \incorrect." I, T/ B1 S) U$ i, q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 C$ ]4 K* s$ \* [4 I8 G9 M1 T+ }
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground @3 m W' l# m
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: D/ {7 O/ T0 t5 q a* l. \
were 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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