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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 |0 M( E, M& F上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
2 y2 m8 }, S7 R& |) E) d74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who- {$ b0 U( M" C: [ i0 ]5 V" o
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part$ B# c; ]$ o2 R
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ B# G/ D6 N6 r( Q+ e
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 {0 P3 F. q6 k! i! x5 N
Canada to the time of release;" f; Y" `) l: N- ?
(b) the quantity released is less than the quantity in respect of which duties were paid; d2 N, ^# A5 {, U$ d3 V! A
(c) they are of a quality inferior to that in respect of which duties were paid;
: s( S$ `) t9 j7 s(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 H2 _9 c# o# b% L
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; _6 J3 l5 Q1 u: o' r
case may be, was made in respect of those goods at the time they were accounted for under
: w/ D0 ~! e5 p! q, n8 q- K3 osubsection 32(1), (3) or (5);
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8 e" y; p6 {# U3 g9 X" C7 a(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, Q/ V' G1 [+ Y9 J$ ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* C7 \3 C* U {# uaccounted for under subsection 32(1), (3) or (5);
. L6 R2 I7 l2 a7 `7 W(d) the calculation of duties owing was based on a clerical, typographical or similar error;5 v* f# K" E2 i7 a
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% T' T# E o6 `2 [of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 x; y7 L, V$ B$ Y+ Ivalue for duty in respect of the goods and the determination has not been the subject of a decision
, J, M. W5 Z; y% a6 Funder any of sections 59 to 61;/ a! s7 [( z' Z/ r2 _* v2 }
(f) [not applicable to non-commercial goods];
! L) x' b2 ^5 W' e# h(g) the duties were overpaid or paid in error for any reason that may be prescribed.( N' t5 Y5 k( f* `
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ j! a" e3 V4 L1 z) `- U$ N L
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
* i$ g& h/ G! w0 G! Vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 S& _ v2 N$ _7 q8 o: m(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 J0 N! i& V" ^7 p
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- x& D* X2 `( J- G4 Q(3) No refund shall be granted under subsection (1) in respect of a claim unless& I6 z1 z# n$ D0 r- _+ z$ k
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ E$ y q2 O; ^! n$ irespect of which the claim is made or otherwise verify the reason for the claim; and
& y6 {+ u. i# L m. s+ h7 r5 a. C(b) an application for the refund, including such evidence in support of the application as may be
: X6 x; p& A/ lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& @( t8 G# I& d* |
prescribed information within, J" S0 N; {% l1 Z) R7 i" P
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 [7 L7 Z K2 I6 D0 |, Sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ }8 h' B4 l/ F9 B
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" I6 o# z% o8 T! Q; n3 lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 `- _/ e: o* H
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 O" S# U2 H) l/ E2 y4 @& `& n
this Act as if it were a re-determination under paragraph 59(1)(a) if0 X! o: S t2 i/ @5 _
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' R" ?' ]; D5 L E1 R9 C- f6 v
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 A @ M/ n; T0 G) C" S8 ]eligible for preferential tariff treatment under a free trade agreement; or
, m% d4 X. u+ ]0 k/ b g, G1 J! a4 ^(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ w" Z( A' d: e J! J) y% Z8 `because the origin, tariff classification or value for duty of the goods as claimed in the application is! v$ x; g% X- Q4 K* \6 r5 V! D
incorrect.5 M- r; w: p, i( b; E) m9 q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 U6 {+ D2 \* c2 U* H& Y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* B, i! R' P+ L' M0 E" Y% Zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 `/ j t5 R" u) F7 G- twere a re-determination under this Act of origin, tariff classification or value for duty.# H7 ?& d4 i7 }( `9 t" ?
) X5 {; B \. e3 F) J, q. v这到底是说可以还是不可以啊? |
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