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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: w/ K) E/ I3 k. B. b
上面说 非商业 进口 可以免关税?
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1 P# s" n) y8 T. Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests! @# j! S% S8 k: l% ^$ a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% i0 Q' Q7 m# t5 l/ K( W9 w5 |* }: ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 _/ Y4 X. ^1 L& z% Uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. b7 V4 S6 G: V(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: \5 x' M$ q, w6 ~9 r9 @
Canada to the time of release;( L2 T2 O* o% P8 Z# Q' z- d
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 U0 X! V8 u, t9 G2 m(c) they are of a quality inferior to that in respect of which duties were paid;! j: B: u" U9 B0 W- m; k z& C2 x
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 ^8 S) I1 Q4 W( K! `& [& ^2 s! xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 t' q7 t/ V. s
case may be, was made in respect of those goods at the time they were accounted for under7 v# K E8 x _# z# T4 `; ?5 ]
subsection 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
) j9 T k9 k3 L: f7 l5 U/ B9 ^. Tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' P0 p/ ^# a2 Y/ l) \/ Haccounted for under subsection 32(1), (3) or (5);' ?9 D, g, N0 M% j- O" g- {7 p( S7 B
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: R+ C3 X" k1 k& `! c T& t6 U p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' E. I1 ]& ]3 }7 Y) I! f1 ?" Z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 m% f5 L/ K3 x$ R( Ovalue for duty in respect of the goods and the determination has not been the subject of a decision$ Q3 Q3 r) ^, L( I: M
under any of sections 59 to 61;& e7 x- t: _9 m
(f) [not applicable to non-commercial goods];
4 c0 m b1 H, k2 i5 G0 i(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 T( P+ K2 l' i7 C$ R ]9 s4 H# ~) B(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 Y0 K4 m$ E# M4 gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ _2 W7 f+ t6 F8 S Q9 g+ }this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." m9 O" S7 L) z, O" U( j! d7 e, ^
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 |; m, J( F) V
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
5 n2 d( X6 O1 ^(3) No refund shall be granted under subsection (1) in respect of a claim unless/ a* t( x& Y5 j6 Q: N; n, n
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in2 T# s8 E% N- w1 z* T
respect of which the claim is made or otherwise verify the reason for the claim; and
1 r) q% [% ?+ Y, `(b) an application for the refund, including such evidence in support of the application as may be) }8 t( ]% o* P1 H9 m# J
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the O# ~( v. C, c" ]) S3 `
prescribed information within* ^& `0 c; K$ N2 ^
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) E* F5 ]+ A( R {, n
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) t( h( V; W5 T+ _5 _(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 U0 J* c8 I+ P$ n+ k/ xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ k b$ o% p1 K8 Q* q5 U7 [" x: e; r
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ j+ M. i* c5 D0 X
this Act as if it were a re-determination under paragraph 59(1)(a) if
% i" d; M4 o; A9 w4 ?2 x0 _4 ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; \# J- j$ U1 i1 {" K0 ]
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! S$ N8 U# H6 H5 _eligible for preferential tariff treatment under a free trade agreement; or2 @5 G( U: n, d, j3 l7 T# F! @1 ?; D' N
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, N& ~4 Y! I4 e) q/ E* V# b3 T
because the origin, tariff classification or value for duty of the goods as claimed in the application is
8 d% l8 X& v! B, a6 s% gincorrect.
; ?$ ~* y5 P& J" {(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 z9 ?$ I. `5 d8 O) n
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 @' c. }' I2 A, q3 Z! Y$ S
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% }; S* d, H3 y" q# l/ Owere a re-determination under this Act of origin, tariff classification or value for duty.% M* K) S7 h! m% Q( ]
e. l2 \. z$ v. G8 X" `5 R/ G% e这到底是说可以还是不可以啊? |
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