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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ y5 Q8 \3 L* r上面说 非商业 进口 可以免关税?& [7 q/ G3 f; S
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! S1 K+ ?0 o+ x6 V
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5 n! i+ z, [$ x4 X# Z0 @+ BRefund Requests% n) V2 n2 D& N
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) I4 q! n) S/ a$ U, U/ M! I$ `paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 L8 ^2 s+ H* xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ c5 d) h' X. _& H! y1 o: k, e(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- n. R3 l6 _; y
Canada to the time of release;9 R' G# Z7 A" z$ ]1 ]! a
(b) the quantity released is less than the quantity in respect of which duties were paid;
% ]; s/ k+ q4 ?$ I M. C(c) they are of a quality inferior to that in respect of which duties were paid;
, ?% \9 j3 x8 G' p/ ?(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% c% W$ @% C d# w: ~2 k: I; M: d
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ A0 R) a0 o3 W2 Ncase may be, was made in respect of those goods at the time they were accounted for under
" B( l+ h: @# _$ @' J% 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" u$ M1 h1 Y% n+ j& o: w
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* e' r+ Y: \. E% r) s: M
accounted for under subsection 32(1), (3) or (5);! D/ T5 N! {& ^, y' v
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' a/ a# p" M( }% w+ Z/ d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" Y1 f g( n. O! F7 r; g/ N
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 p3 o8 X5 n( M3 T- X/ ivalue for duty in respect of the goods and the determination has not been the subject of a decision) {0 W0 _! t/ _8 k+ K; M! T
under any of sections 59 to 61;
; o+ t/ p7 E+ o% O+ Q$ Y# L(f) [not applicable to non-commercial goods];. E; L& m( F% I4 X2 R' d- `* o0 I
(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 g( C( v5 M5 B5 v; P% u5 u
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' M* W; a, }0 L# y& o) s* l
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 g- e5 y' l% T+ s2 Z6 f, K, c
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 }( R* X9 |% b6 N i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) J$ B2 n' w) P) m/ p0 Uunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! M Q: w X; M& _(3) No refund shall be granted under subsection (1) in respect of a claim unless6 _, L: W) S2 ^; V2 ~8 }
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ T* K# X' ]. ^respect of which the claim is made or otherwise verify the reason for the claim; and: K1 u2 G# s% V2 B4 e+ u8 q' i
(b) an application for the refund, including such evidence in support of the application as may be4 z" }0 s& |0 J
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) t; X4 G" ?8 x8 _3 o6 S0 \5 mprescribed information within L8 j' v. L' z4 |) U
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 |# _ ^9 Z S. _. {
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 j7 [- z& D' J$ K' x% E ?3 Q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, `- A% I0 O+ |" V/ @9 pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ B% D6 C' L& }0 F9 ^ }4 A4 O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" ^ I% d0 N4 k8 `9 z9 P6 S/ }this Act as if it were a re-determination under paragraph 59(1)(a) if
& i; B+ \& d0 G& I4 d(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 x0 F9 Z6 g9 C$ E4 e7 Ybecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 W7 P7 h( r/ K2 @: b% w0 ^
eligible for preferential tariff treatment under a free trade agreement; or# l+ f9 B3 x: f o) U, |. H$ [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 e! b$ ^. T" }: y/ j
because the origin, tariff classification or value for duty of the goods as claimed in the application is
9 o2 b% K: H6 u" P9 P5 Vincorrect.
2 Z: z" s& v" T2 {6 k* X(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 M1 U9 w0 Y" K6 `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 P6 h; C0 H/ U4 z4 x, ^
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; @/ Z9 D# Q# t* \, j* _) n3 c
were a re-determination under this Act of origin, tariff classification or value for duty.1 N) h" t5 `9 {- B8 k: `
0 C. C0 p8 p6 w6 Q* c这到底是说可以还是不可以啊? |
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