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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
1 w7 L7 p* L; C4 C7 A$ D" R+ `6 O, w6 c上面说 非商业 进口 可以免关税?- X" h3 ~, q/ s6 w% e! y
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* y+ y* y; ~% Z- j- A
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9 o0 N" x- I* p2 URefund Requests% N# ~; g0 K# K3 R
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 r' P9 l& r/ A2 a# y8 i0 B" Z- ?
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# l7 ? d$ F2 T
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 H6 J1 p% V7 c7 S: x0 X(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! `' f0 h# {* t1 \/ {9 f% x- @Canada to the time of release;. S, Y9 _* q9 b( n3 {
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ e8 [! V9 `4 U6 m; Q6 w5 s2 W(c) they are of a quality inferior to that in respect of which duties were paid;6 O: F& X O5 ]8 [4 q# Q; V
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( ]% y7 k# Q1 D. J6 ^! J+ s; m
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the: y; q8 \# T" h; A: [5 R
case may be, was made in respect of those goods at the time they were accounted for under
9 d. v4 q3 b2 j P) \' a7 ysubsection 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
4 f5 k" O) s! spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 f: Z% R @$ {% m P. i) }* h. H+ f
accounted for under subsection 32(1), (3) or (5);) e8 L" a+ }$ s n: _2 d
(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ B2 c$ b6 V/ K
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( e" c% I% D! ]! ^! _' J E5 dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 S* {# X Q: A1 g* w: s: R0 yvalue for duty in respect of the goods and the determination has not been the subject of a decision
0 g, s8 ^6 D/ `( F- a gunder any of sections 59 to 61;
9 j+ j& H5 @6 t4 u+ I0 G/ t3 h(f) [not applicable to non-commercial goods];9 L) T! S+ q2 n. X1 w% g
(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 C Z) o$ z* j" ?; `+ A- ]/ ]
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based9 {) _) U( X2 ? E9 @
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 {% h- g: g" F! g) r \this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- D9 F' H+ M) \3 f) ]6 r(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* a( ]* j& W" y1 d% u5 g
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! ?6 L5 C. T: e4 j/ }
(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 K* W" |' D( J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# H& p! q5 l9 m! J3 brespect of which the claim is made or otherwise verify the reason for the claim; and
; o" x4 ?7 O9 o+ `' _' P8 H(b) an application for the refund, including such evidence in support of the application as may be
?( ]5 y0 W. E sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& P7 s, H3 _4 _' }! T* T$ J7 x
prescribed information within
, V4 R! [9 `7 p( Y(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): t" l+ [, P5 u9 p4 x8 u n, D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- {, {& W' J/ @# b) c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ o& s/ T3 T2 w, ]& y H
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 O! I B; B2 x& o8 p6 e* e
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' A1 K( s6 S( D# @
this Act as if it were a re-determination under paragraph 59(1)(a) if& r' a8 c8 p( h9 e$ I7 }8 u
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, }; R. y3 _: B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 W. v7 J$ ]8 T8 b* z# L
eligible for preferential tariff treatment under a free trade agreement; or6 \, J) [7 a9 P6 c# E c3 s
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, h8 Q( P* C* q e3 {) dbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
7 v! O9 t; s+ O! S' F1 jincorrect.* T% P# P* m2 d. I
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) e* p/ D7 A3 x% s
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& P* |" H7 [) Y1 sother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 z$ b6 {2 t. {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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