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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ V' b: K0 _; ^: a. _% z5 j上面说 非商业 进口 可以免关税?; R2 ^, ?& p6 a( a
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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8 O/ o$ ]7 e8 w) NRefund Requests
z( f" |" E. _ i! d, T74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who1 E# s& c4 @5 w# O+ L4 i9 P
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 Q' V9 ]4 s3 U. T' j# S9 B/ T( }( Sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ Q! V% N6 ^, B
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 L, `) R: T; T- u: e& x1 j7 _
Canada to the time of release;" [3 B0 K/ [, R; m; {! y$ c
(b) the quantity released is less than the quantity in respect of which duties were paid;! S' c" Q/ f) h1 W: b6 C
(c) they are of a quality inferior to that in respect of which duties were paid;1 ]5 i9 u5 h% t' u3 w% d. a- H
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( |. L: Z# J. q, f( g- q0 }
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 D1 l+ A" t" I% L1 S
case may be, was made in respect of those goods at the time they were accounted for under: c0 E# v) d# X$ a( I
subsection 32(1), (3) or (5);4 ^, G$ Y2 |; P
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 F% u+ U5 N7 D& e; _/ m. ypreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 N9 ~7 X) x% zaccounted for under subsection 32(1), (3) or (5);
7 D- ?/ C0 D, ?1 ]$ F/ R+ |. ~(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% o3 H1 Q2 G. J(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' f* A- x/ R% M
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 t- A& r# ?( K6 h% uvalue for duty in respect of the goods and the determination has not been the subject of a decision
- B" t6 O$ ?- L5 |1 h' ?under any of sections 59 to 61;6 Z4 Z2 O8 d7 C5 ]2 [2 x0 Z
(f) [not applicable to non-commercial goods];) d" [9 n$ X e) _
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ ]7 w; `6 ^, h, f(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 t7 R9 K3 F' H! _% h: P; von tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( |3 v* R% U7 h
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." P5 t$ _6 y) q1 o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, O% E) [1 h4 t1 f' z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.- T- m& O& n6 }3 E( s% g! m
(3) No refund shall be granted under subsection (1) in respect of a claim unless) x6 G: ]$ S) {5 I: w
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
" U2 X: @! W8 N; h# e; _7 brespect of which the claim is made or otherwise verify the reason for the claim; and. ?: c$ q9 {7 l' ^; J* c2 O# Y7 j
(b) an application for the refund, including such evidence in support of the application as may be' S2 D$ G) O" B, r2 _
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 u: U. p( T, l8 {1 \- aprescribed information within" u" a- n9 ?8 S' @4 z: W
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 ^5 c3 V7 z" Q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ b6 F% B: X/ K- x5 d, p(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods1 Q; |2 t8 C8 d+ M- V- `$ z& T+ ?
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 f* [ J& X" s(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! E- V1 i* E, Ythis Act as if it were a re-determination under paragraph 59(1)(a) if: }' \6 I7 y* E7 g; S* @7 D
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 R6 `# j9 W4 f6 _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% |8 |. T2 [% G1 U( d3 a( r8 h
eligible for preferential tariff treatment under a free trade agreement; or. a4 a, H0 K! Q& ?* i0 _9 E1 U
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( i' }# s' \! s9 H/ M2 K0 G
because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ {; r) |; `3 @* ~; j) g+ r5 eincorrect.
% b; w; ~0 L6 D: ?# N) \; A(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 X3 \- E' x: u9 C(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 w; z" X4 s2 t9 P! t4 F
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) ~8 \7 D8 w% E, Cwere a re-determination under this Act of origin, tariff classification or value for duty.
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