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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 T! O4 w) V [
上面说 非商业 进口 可以免关税? n/ d: u% b$ V2 d# p* M7 o' D
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; `* @" ~9 s2 n2 t* o( i0 Fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
' D' P9 T1 t" L- k6 T/ D) b7 V8 ?4 V$ V74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* D7 }+ o9 G. Y4 d: F( n
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& o% P, N3 f$ h+ y7 l3 t
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if! M) ?- y4 O& s( Y8 f9 L$ p1 I
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( p/ `1 M; B) c, S" I
Canada to the time of release;
( \9 l4 n' v, Y: x, }% |. S, k(b) the quantity released is less than the quantity in respect of which duties were paid;
1 T1 H4 g/ y- K& |- S(c) they are of a quality inferior to that in respect of which duties were paid;' s* x- ]9 C% A
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 L" w. w' E# L) Z0 ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ q" c3 U v1 w% u& e+ c7 l' h
case may be, was made in respect of those goods at the time they were accounted for under; a4 k. h( L9 B3 _( R4 ]! S+ W
subsection 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. j c" s. _/ ]8 B0 a1 [0 Z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are X2 G0 H% x/ h
accounted for under subsection 32(1), (3) or (5);5 v' @+ ]( h6 p4 g4 z* M
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& n4 F: p1 W" R! ~- O9 O$ r! s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ Y0 {# @7 L7 ?) w, r# `; c+ A
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ m2 X4 m% }3 R! E; k: uvalue for duty in respect of the goods and the determination has not been the subject of a decision' ]/ x: A9 n2 E4 I1 H) f
under any of sections 59 to 61;
% x% L- q. w/ A; f(f) [not applicable to non-commercial goods];( j1 V3 F: ?: O
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# O2 l3 {8 }0 e5 a ~ r/ i J(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 Z1 N8 x! l e# N4 V. f4 ~& [
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- @. N: p9 t* z9 m \
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 O& o8 V1 }' s5 x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) F# h4 R Z" J: J5 q0 H# _% @unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' k( j" _( k7 w4 u _/ P1 V(3) No refund shall be granted under subsection (1) in respect of a claim unless: B" Q8 U! W7 \
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" k. G4 `8 Z# m& [
respect of which the claim is made or otherwise verify the reason for the claim; and' y2 a: ]! \3 T( f
(b) an application for the refund, including such evidence in support of the application as may be
3 N( e( @* t" v) fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& u7 O$ J8 M9 q: o6 ]
prescribed information within
- u0 l; w2 x7 P7 A# _. Q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 U, F0 }" _+ W5 ?- Q5 k- for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ {5 l; u, z1 L
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ @% d" K7 |, Y2 b% iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, s; ?# G; x) F(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" V' l$ j+ J* y3 Y- `( gthis Act as if it were a re-determination under paragraph 59(1)(a) if
S# \7 q6 l" i- c5 ^( U- ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied. x3 v( _* O; h; a8 T
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; U b* ~0 d4 M. C
eligible for preferential tariff treatment under a free trade agreement; or% D$ I# M1 _9 _2 ?# S
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 Q" X$ N9 y" C& wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
" l! u6 V1 t/ G0 I( `incorrect.8 a t8 |$ |$ d/ `" A p
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. N* G% s5 O& v1 q* f- S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. }8 K$ z0 x. ] f! N! v9 u b+ ~, kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it- D2 h+ J( Z# s* Z
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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