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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
2 ]0 T( y/ A9 T8 G% t- e上面说 非商业 进口 可以免关税?+ @& t" f! m e2 g$ M9 y
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" A- U8 t* X' B6 a/ a
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, L( U- Q( w( p6 ORefund Requests; u9 |" n& k y( W4 ]& j/ z; X& N
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) T6 R2 d/ G8 j5 A( A9 ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* s0 G0 W" j# E }of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, B+ |+ e# z, o' R
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& u' [+ M4 z' {8 `0 a, P/ D0 y$ w: n! e
Canada to the time of release;
! M$ s7 a! G0 E+ ?2 H/ H(b) the quantity released is less than the quantity in respect of which duties were paid;
, N8 }& B: y2 ^3 i5 ^(c) they are of a quality inferior to that in respect of which duties were paid;, A! {2 @, S* O% D; H0 D" L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 R, X& m: I6 z6 i4 s
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
7 [' Q' o2 x/ d! Ocase may be, was made in respect of those goods at the time they were accounted for under
; q- t) `% Z' z- b0 X: m, Psubsection 32(1), (3) or (5);2 N* g! s8 b; r1 G* ?7 N
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2 _1 o6 S$ A0 t7 Z. O4 X(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: _( E+ s) V& F' R$ O5 gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are: M6 R3 {, s) ~! C: \
accounted for under subsection 32(1), (3) or (5);
7 M$ B H6 N8 c( F(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" J) o# l$ L. D3 f; t(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 a8 F" i. s x ^5 ~of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
H( n2 `. Q0 F4 Y# ^value for duty in respect of the goods and the determination has not been the subject of a decision
7 A$ T& x) Y, b/ j2 ~: Dunder any of sections 59 to 61;
! D5 D0 x7 C7 ~& s! b7 h(f) [not applicable to non-commercial goods];
+ x! i2 u$ {7 y% m" X(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ O/ L5 L+ v8 ^8 u$ S. o# b( w. I(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' s4 E) \" K- k; {on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 N. `! ^" n" y5 s
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; \3 f) z$ u0 L+ x* y* P(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( z- `8 y. N- C# ? ] H
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: `! N `( u z(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 \1 m& G7 D7 R(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& f8 O% Y) i$ jrespect of which the claim is made or otherwise verify the reason for the claim; and
/ r5 \ I9 l: W! z3 r. [$ s* o+ W(b) an application for the refund, including such evidence in support of the application as may be
& _+ w* k5 ~7 B0 }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% P3 [" {" B* u3 C+ zprescribed information within, R2 p3 N5 j1 V, r0 ~
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). N, \& |/ e0 g- c: k
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 W9 `) U' |# m/ m" F$ u(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 _: o- a" |0 u& d, t! {7 J
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: N5 p2 ?1 }) W2 E(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! f" e& Z0 x; G4 t: `% M7 B. v1 t
this Act as if it were a re-determination under paragraph 59(1)(a) if" U0 E2 c5 q7 _1 z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ J2 _/ v' n0 u0 ?" R+ ]because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 z& w9 k* h7 jeligible for preferential tariff treatment under a free trade agreement; or! _& [; b' z3 ^1 s5 E
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
& Z4 k1 q& O/ _8 M7 |because the origin, tariff classification or value for duty of the goods as claimed in the application is
* I) {0 \$ X/ O4 T7 hincorrect.
+ d+ i# A( Z( h4 E5 E! Y(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% X! U) \# r. Y( ?: x( @' a
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground d/ O% X' V7 U: D
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' z) d8 {% g. W* kwere a re-determination under this Act of origin, tariff classification or value for duty.
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