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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- ?& w" c5 X& X3 Y" {7 Q
上面说 非商业 进口 可以免关税?/ ^2 i! b+ I6 F; I
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8 f7 K+ B; L6 D+ chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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0 E: A7 N" N( JRefund Requests
2 ^ N6 l; c0 ?! @1 w) U74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) Y; B. f7 S5 x% Kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# u9 e2 g: j( h, O0 w, I8 `
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 @/ s4 @, l. I* Y" b# J1 ?(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: ~7 \7 u* P( w, Z, P- K& q
Canada to the time of release;" s. `& | F6 i! h7 f* r
(b) the quantity released is less than the quantity in respect of which duties were paid;$ T- d- @( E& J3 y4 w
(c) they are of a quality inferior to that in respect of which duties were paid;
7 I" i F, g0 V8 m) H% H5 h0 J(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" k# U* c$ G) e' o8 V3 Htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, X+ l" {+ |. H5 m4 c9 W0 X. i
case may be, was made in respect of those goods at the time they were accounted for under/ P7 c) B/ s6 a2 ]4 r" V
subsection 32(1), (3) or (5);2 c4 i+ P, R; [
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, q7 D+ W4 ` r4 L3 Q/ I
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* N" h9 b/ c: A- m) T
accounted for under subsection 32(1), (3) or (5);( R9 m$ n' Q5 s: G8 z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- f' w g3 \! U( y* y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# P* K3 L3 U2 bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; g0 b, C. r% g( n# X+ @+ E" H4 T
value for duty in respect of the goods and the determination has not been the subject of a decision [& F8 s2 [) \6 ?! h! S
under any of sections 59 to 61;) J. o3 c* g/ s. D
(f) [not applicable to non-commercial goods];+ f1 ^. L7 N5 l/ S; ^3 J
(g) the duties were overpaid or paid in error for any reason that may be prescribed.% W1 e' o$ o2 c
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
5 Z, v* G3 E5 Q5 H6 B/ v9 qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of' n; `6 B* q" a$ k \, f! p9 r4 z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) a0 g, X6 S9 n
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ t c3 q8 V; Y+ z9 L; n0 K1 b
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 r% p3 O' v+ F6 ?& x
(3) No refund shall be granted under subsection (1) in respect of a claim unless# X% T/ I1 _3 F( Z7 g2 f3 z! k! V" c
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; i0 K4 d4 y: C7 C1 v' `& [
respect of which the claim is made or otherwise verify the reason for the claim; and! F3 s* ?( X/ G6 l! l( |
(b) an application for the refund, including such evidence in support of the application as may be4 f! j& w5 S C+ T9 x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 w% u- Z A( v w/ D3 ~% ]: S
prescribed information within
4 r! _' a: b0 l& ~9 D7 V(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 t! u* x( n0 ?$ m: C- mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& L- {# d! t) }3 B( w w! j$ P
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 h( O) n/ O' @) \, V8 y( z: `7 z2 jwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) D) [6 U+ |, W: h; i5 z- \- O) f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 U+ [+ o7 t3 G" o5 H
this Act as if it were a re-determination under paragraph 59(1)(a) if0 M! Q9 U3 ~3 R# K' o& L2 \( d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied) i v) [+ |' u T
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' p. {6 c. c. L- A& s
eligible for preferential tariff treatment under a free trade agreement; or6 _+ a5 K$ D$ a i, x+ }
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" U. R8 X1 s" }! B( X* o! l5 {because the origin, tariff classification or value for duty of the goods as claimed in the application is5 _7 f2 ]8 }4 }% M
incorrect., h. e8 p) ]' j! g6 S) u% Z/ X
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),3 ]! G5 S: F9 h5 }) N: [( z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! F" J. C1 \' @1 l4 zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 D( I; v7 s3 M* p3 }
were a re-determination under this Act of origin, tariff classification or value for duty., J6 A7 i1 [/ a$ K' ?5 E% j' h
8 k2 x1 E/ ]! A* F2 v6 @这到底是说可以还是不可以啊? |
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