 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. l3 E3 ]% t3 W* q/ E( P
上面说 非商业 进口 可以免关税?2 F9 u& d7 O' p8 _) V! q* `
/ l4 F, f0 |. b2 ?! U- Y: I) r
3 S" k* r) T/ L$ l ^( D
! o- U" x" t! f0 s6 lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
4 N1 `2 n$ p2 Q% U3 X, }: X+ F0 ]: P& A
9 R$ v) O3 c' G- V- n7 C% \
Refund Requests
) Y- q2 \5 |0 J* E% q8 b& T/ p* s74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! l( M& X, }1 P+ Q jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) a, j1 t# V" u, ^/ ~of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: M0 J& H& Q: t$ O(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: I2 O4 S$ |: e+ v$ I% i7 B" z+ T
Canada to the time of release;1 q6 ~6 _& [; ^0 \
(b) the quantity released is less than the quantity in respect of which duties were paid;7 Z$ `( w% k9 b% Y, J: l
(c) they are of a quality inferior to that in respect of which duties were paid;: Z B+ V; ?( Y& Y4 P M
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 m' V$ z8 ?9 B+ ]' Rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. _0 N/ S/ B1 @" ?- l- i9 {- j/ Xcase may be, was made in respect of those goods at the time they were accounted for under- W3 Q( w8 ]; A+ v; o4 h2 x
subsection 32(1), (3) or (5);8 @7 g+ }- V! ?, R5 H' v2 l
3# C2 ~0 R' i! h: t" e: Q! q+ o
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. Z: j9 [ v. m* Wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, i, f$ A8 K/ n4 L6 X. `7 haccounted for under subsection 32(1), (3) or (5);
$ l9 @1 u& D% O8 B3 r& V# f(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( s. ^8 u1 ~- h7 `(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 n$ A. U6 `# U! e
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 |) S4 | ^9 j7 p) _value for duty in respect of the goods and the determination has not been the subject of a decision" L2 O( w. l, g0 A1 [) u
under any of sections 59 to 61;" j% @: }. w" j6 i" B# j
(f) [not applicable to non-commercial goods];
# L! Q- P0 _2 y0 R$ s(g) the duties were overpaid or paid in error for any reason that may be prescribed.# V8 f) V6 ~2 ?
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 \$ K2 P# T1 j7 F% [ C
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 g' ]7 l2 x- h; D
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., b6 m& d8 v4 v p8 F) I' B# ^
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% \! K% O; p! {1 J; ~+ L8 G
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 V% N/ G6 |7 }5 E! ~& @0 x(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 o9 z+ B# n+ e2 L( F(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 G$ p; a! f( L
respect of which the claim is made or otherwise verify the reason for the claim; and
# U" l( e! S1 g(b) an application for the refund, including such evidence in support of the application as may be1 {1 v# w' z7 v3 J# D( v( v$ ^
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, T' G( u: v7 i4 H
prescribed information within
d; o+ Q a% O% y% A; i- H# M(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! B5 H! T% U' v# N+ F2 yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 Z6 A& S: C5 k7 `: I4 S d* T(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, t: c$ n/ T8 z& I0 D! Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 a& a& t, T/ K! D# `
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
7 N) N+ d* Q$ F1 p4 a0 lthis Act as if it were a re-determination under paragraph 59(1)(a) if
* L/ D5 a2 F- ?& G! H(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! T1 D* x* ?5 F. o6 Y2 Sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& c. W' ~: k, O. p+ V9 ?& |! |
eligible for preferential tariff treatment under a free trade agreement; or
7 d# ?$ d3 E* F+ G(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 ?# j- d4 v3 U1 K- F5 G1 ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 o% M8 A, m u2 q0 H3 V9 y
incorrect.- E. B" w6 f! g" L3 `1 L! T
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! t+ H6 u( `' U% F a4 [& s
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 J- B; T' L% S' }& x$ G* s
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 }, h7 u+ d+ P4 Z0 w! ?6 [were a re-determination under this Act of origin, tariff classification or value for duty.
4 ?; l5 t, A! t+ f/ ]/ X( |
. ]" s, P4 R* t" l1 \) I这到底是说可以还是不可以啊? |
|