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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ ^5 o \8 a/ W* M& i3 i上面说 非商业 进口 可以免关税?9 \6 n0 p1 J# Q
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" ]+ N9 l; p% S1 d Bhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf8 D. i9 C& R, ~" g P
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9 {3 m! ]% s# e$ }' zRefund Requests
7 J. f6 Q3 y8 W. m0 Q& [74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% k: L: H% X$ G/ P; {6 ]% X! qpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: @4 q9 ]) x! h8 s! b' }7 nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& g) e% {0 B7 w(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 U4 v$ p4 T. \+ T. }
Canada to the time of release;
. h2 S8 a. V/ o2 T6 {. E(b) the quantity released is less than the quantity in respect of which duties were paid;+ Y/ `' f4 m( c8 b/ X& u6 m
(c) they are of a quality inferior to that in respect of which duties were paid;
# n* ]& q3 T" P6 n9 r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- c; z3 `% E! H+ e( D; y* H
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ r" ?% K* x% U1 m& Kcase may be, was made in respect of those goods at the time they were accounted for under
( N; j) H) z( d! G8 }% Esubsection 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
% q+ _7 M9 A( U z& V; Apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ p5 b) ?% `9 G7 a, D9 ] }/ zaccounted for under subsection 32(1), (3) or (5);9 H* Z/ m6 r3 Q8 V7 V1 _" U
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' a3 Z9 j9 n' z# R! c1 a(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 g* P, p+ t3 @) X/ X- w# S4 U+ m
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 [6 o; S+ c3 @% E; ?3 q
value for duty in respect of the goods and the determination has not been the subject of a decision& P7 P" ? I2 D7 ]: {9 s) ^ z
under any of sections 59 to 61;, z8 R4 s _6 J. ~
(f) [not applicable to non-commercial goods];
5 }" `3 |) W# M$ ?0 o(g) the duties were overpaid or paid in error for any reason that may be prescribed." s f1 [$ G# Y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' H8 X% J' R: d6 h+ k! B4 b, S7 u
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 ~8 E( S6 i/ V" ~: f* R) j6 Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). O/ J1 f p5 k& \/ l) i5 b
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: u; D1 f! K1 eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( k: j& }3 E. `: \(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 L) h: Q' z2 C9 h: V! B8 ?(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 E! ]. Y. h( R9 a( i, o# N8 P/ prespect of which the claim is made or otherwise verify the reason for the claim; and- h1 w2 T2 g) m$ ]5 `' |
(b) an application for the refund, including such evidence in support of the application as may be
" z0 s& |' s( m0 E/ kprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the- z! z7 S. r. \7 s: m
prescribed information within
$ p: S, s# c0 L7 G2 P' j(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 x# K5 H8 z, J3 X& A1 F1 qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ c9 K$ l3 Q" e* a0 w8 n- H5 M
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 O, q- v% e9 W3 c% S
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' t) l0 e0 n; V, h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% R; h6 t% x& V Z
this Act as if it were a re-determination under paragraph 59(1)(a) if
% K% \, w* F B3 b A X! t(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 e$ l1 \+ L( B% m- S
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 O. a/ p1 K2 q1 J2 K# b3 X Beligible for preferential tariff treatment under a free trade agreement; or
/ ?( t$ e( V4 @* h% q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied v F2 A4 ~ H* e: M9 u, Y3 h
because the origin, tariff classification or value for duty of the goods as claimed in the application is
1 }& G# v2 m) H1 sincorrect.
$ {, Z* O, J' A5 P(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) u% m8 l3 O3 ]- [3 D) t
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) ~% N( j" D7 N3 q" Oother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: M, }, m4 B) Z$ v- C" {. J
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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