 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 R0 r! l6 u$ O" U" @上面说 非商业 进口 可以免关税?
8 n- m6 v$ s3 q! y
( P/ [' F+ w' G) r2 M
" u+ |" R9 |5 d% }6 H9 s& y9 m9 u: n# b0 y( X; d' g2 X8 q. i
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf% s/ m: G5 Y; g, K! }
3 ]# x- l7 M. u6 ]5 p- E* o& c9 f
3 V7 L; r1 S3 J, k" PRefund Requests
& m- Z1 [! R& y+ e74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ d( F a+ F( N4 A# u* h/ B! \
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part$ {- I" U8 z% L' }$ p, }
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 r! B: B* ]$ E) c* X8 d: j3 }
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# s+ u* y4 c; \0 h& i0 ]- oCanada to the time of release;
* R6 o# S i+ ^1 u, Z2 r(b) the quantity released is less than the quantity in respect of which duties were paid;9 C4 z% z( H! K f0 R
(c) they are of a quality inferior to that in respect of which duties were paid;
1 y5 H6 |. Z! k2 t) D(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' |( C& {6 `- q* _8 G5 m: Etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the' N9 @8 ^: c: b
case may be, was made in respect of those goods at the time they were accounted for under9 M, ?" A% u, C( X# S; U
subsection 32(1), (3) or (5);! S% w4 K2 r/ ]6 Z% h9 _6 K* [# h: A
3
4 W- d) \; ~$ e! `* U6 g+ a(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& \- z; F- j5 [: Q& M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 r+ e1 ?* o) w' J* C( \accounted for under subsection 32(1), (3) or (5);$ J) Y: P6 }# N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
r, @4 Z$ P- P2 O' z! b( Y+ s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2); I$ {+ k- ?: j: x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 P. d2 p5 o) S5 ]/ d5 w: }1 g
value for duty in respect of the goods and the determination has not been the subject of a decision
$ V* J- A/ A7 B; }1 v& N* funder any of sections 59 to 61;
% K; ?3 @& M, o$ m u. v! S(f) [not applicable to non-commercial goods];7 v z# t: f5 a \
(g) the duties were overpaid or paid in error for any reason that may be prescribed.) a( _ c5 w/ ^& l
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 D9 s4 K" v; D: J. I4 U* T
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ V0 V0 t1 x r
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ _* f8 t! F Y+ K
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 h5 ^1 q' i2 h+ D2 F9 V' Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ Y2 ]$ F2 s( ^" j$ N3 ^+ [1 K6 d* q(3) No refund shall be granted under subsection (1) in respect of a claim unless
# ~$ E/ o9 A4 x- x(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; y# K: R$ M7 R6 K5 k+ y
respect of which the claim is made or otherwise verify the reason for the claim; and
+ y- F; k( l) J3 ?) O" M+ ](b) an application for the refund, including such evidence in support of the application as may be
. k: Y% }* d5 W( Z) j$ S1 H) Pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
8 s$ a' D2 _) I/ qprescribed information within( G! U/ m/ c" {! ~
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, X0 c F( R# V; t7 \3 cor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* _" f4 [# r( Z, J9 \(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" E1 J1 C; o& r: M9 p% Cwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., e, j5 k) d; K/ `/ y& ]5 V B
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 z' `1 c8 ~" L! nthis Act as if it were a re-determination under paragraph 59(1)(a) if4 ]. t% S! l2 c2 l& K
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 ]- _+ f0 f5 l
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 j; }+ j- E# g" r$ U0 B3 o" i! O- ?
eligible for preferential tariff treatment under a free trade agreement; or
( n" Y8 E" b: D, @/ m/ }5 u(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 j% J6 o4 U6 ^7 Z. R0 J, T
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) H& [. h) s& k' e. [incorrect.+ ]! C5 C! Q) V
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, P- e- I- e, B
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' r7 }) s2 u, b, V2 n3 G
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- _- P3 g- a6 J: Z' z2 rwere a re-determination under this Act of origin, tariff classification or value for duty.
* H2 M1 a, Q5 k% A, r) E+ X. S
2 _1 _9 x0 a3 M; l) G这到底是说可以还是不可以啊? |
|