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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 F7 U) a' x; Y' O: d
上面说 非商业 进口 可以免关税?
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- p* `% i9 w7 E7 d( R% khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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6 R' U! y* |; \3 V/ m2 `Refund Requests! ]( W: g1 K+ k0 b
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- ~& ?1 m1 @1 a1 Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* Z7 I0 b! K( X, p F
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 Y( z! }7 G" @& E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: C2 z9 r& ?: i
Canada to the time of release;
! b7 \/ X* O5 V7 v/ W- K4 [(b) the quantity released is less than the quantity in respect of which duties were paid;/ h/ c8 W# B3 c K
(c) they are of a quality inferior to that in respect of which duties were paid;
N9 i& b! `4 \2 Q! T' H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential h/ b! ?# i( `) |& R7 B0 W
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ }( A1 J: U Y4 V* f' ]+ _, H
case may be, was made in respect of those goods at the time they were accounted for under$ h, G b' i; Q0 \9 \
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, i$ u+ R0 L6 Q. W1 k7 a; I5 |( n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ r) p. |. p+ `& ~2 }accounted for under subsection 32(1), (3) or (5);
' N7 ~" P- Z1 G# r3 ?3 B) i(d) the calculation of duties owing was based on a clerical, typographical or similar error;: d" c, ?1 L) h2 E8 }% g( ]; I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 V$ I+ C' E) P/ K, ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" A2 j" ^& g( t, Y! V% Z3 Bvalue for duty in respect of the goods and the determination has not been the subject of a decision
7 K Z* f* d* l' F5 B8 v+ I( iunder any of sections 59 to 61;5 h, s7 Z! C1 F7 ~' t$ V
(f) [not applicable to non-commercial goods];) H% V- }1 K3 O- c0 |3 H8 O
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' ]8 |# g1 [! e1 X
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 U `9 l+ i) n" k$ Uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 n M$ y9 H" athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).1 ?1 ^# y+ X; D+ C, \" k, t( A
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% E$ n/ k! S$ n4 D, x) r4 G* W5 \
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! O4 y! f* _5 X5 n5 s \) s- H
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) c% s' ~ F) h' f( B( _(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) b+ Q" q- U# P5 R, D9 C& ]9 Wrespect of which the claim is made or otherwise verify the reason for the claim; and/ X3 b0 Y: z) `* A |6 W
(b) an application for the refund, including such evidence in support of the application as may be
% Q! u5 }; x0 k, l7 w$ u9 Gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: j2 Z) G) h. R5 {+ Wprescribed information within
0 x* e( [/ ~: x; A% O0 e(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 ^* V( j. w: [' \% s# E, c0 eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 H0 @6 a2 J1 q7 Y# b( e(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; o- i! e9 z: O, k% R3 S
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( t/ M* ^; n9 M
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ B, V8 c# w, N; n/ A
this Act as if it were a re-determination under paragraph 59(1)(a) if, s+ z- y, Q* K
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied. c. _! H# R- S/ U( h, n. A/ F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" T' Q1 L! Q! U& Y/ O+ m. v: a# P9 \eligible for preferential tariff treatment under a free trade agreement; or
/ c+ l4 ~% b$ K; u# m9 \(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# P" `+ L3 W. h6 W. ^
because the origin, tariff classification or value for duty of the goods as claimed in the application is8 Z7 L& Y* f9 G) S# ?
incorrect.
! Z7 ~6 ~5 [' V3 I* }/ @8 q; A$ A(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ [$ ~. r$ ~6 h1 {* Z8 C; {1 j( Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
$ d( ] n, h2 D$ g& W) c9 |0 {other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 P5 l& X) Y2 n# s% z
were a re-determination under this Act of origin, tariff classification or value for duty." Z, u+ w. u+ V) g) h
! i1 m B) ^" c这到底是说可以还是不可以啊? |
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