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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 ]0 \ x" B ]! M+ Z
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* ~8 u4 j! m. _( A! o& f& M% A
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8 ~& u, W- J- R r/ sRefund Requests
4 n i2 f6 ?' ]74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. O( P$ l8 `. Q" ~paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ V9 K( c, \& `3 G1 ]" _' A; u
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if; [6 j1 Q; h6 E" {4 q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( Q) D+ _, }2 H) k9 W
Canada to the time of release;7 u" j9 I/ y3 l& k; y' D8 {
(b) the quantity released is less than the quantity in respect of which duties were paid;# x( X2 Z. t& [$ @/ L q
(c) they are of a quality inferior to that in respect of which duties were paid;1 d! r D8 B: P
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 A4 r0 C2 p" m$ `# H- `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ G% n6 j' ]6 i+ b
case may be, was made in respect of those goods at the time they were accounted for under
3 W1 H+ Y, X# u+ |subsection 32(1), (3) or (5);
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/ x% L/ `+ u$ B8 e! x(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" i5 K5 u+ q2 j: l$ x5 g9 t, Dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 d/ L9 G1 l( y0 _' ^accounted for under subsection 32(1), (3) or (5);
0 ]: O' K \5 f2 J' s- _5 ?; y(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ O! \; p" C- A, u
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 f) G3 q- S1 K$ }) Q. \, ]of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! v$ |% | c: j t6 _) A) @
value for duty in respect of the goods and the determination has not been the subject of a decision
6 ?; Y5 e* Q5 g$ y" X* ?under any of sections 59 to 61;
& h, m2 y( q# T2 A# E(f) [not applicable to non-commercial goods];6 R/ n K5 B- _3 u" T) Q/ L! l5 z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- ?' u8 K, }. `& p( v$ e3 ^(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) o* O z& v- b0 O5 T+ i
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& J) ^4 G+ b8 Y2 \9 Q( Y1 N, U1 P
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- G6 @/ U; @8 r! ^8 P$ z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' \* W) ~* n1 y/ b* t) S, A9 |unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 y0 H! e) Z. `! n( I4 f1 K0 o(3) No refund shall be granted under subsection (1) in respect of a claim unless4 D" ?- V2 ]' H* v O! p$ ~8 E- F
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ ?. w6 q0 n3 D0 Z
respect of which the claim is made or otherwise verify the reason for the claim; and- v1 N9 f2 Y. G! M$ i5 S
(b) an application for the refund, including such evidence in support of the application as may be$ ^$ s; b1 g& J7 G8 u0 F) f8 q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the/ Q5 D! w% Z3 W0 P& M- ]1 V4 X
prescribed information within
7 q2 E- z6 L+ d# q' y' _- {(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ n: a- b, p& ~* ?( b
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- M. Q' h; }- y+ T(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 v8 l" s& s* ~9 W* _
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' t# \- h8 U- p/ z(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 o8 d7 m9 K1 j# X- }5 v
this Act as if it were a re-determination under paragraph 59(1)(a) if5 _# _7 C: n L
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ O! L6 Q8 `8 X, G4 L* v) ~6 i/ Abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not. m/ o0 f9 E; L$ R- {4 f
eligible for preferential tariff treatment under a free trade agreement; or
' \7 q5 k/ P! W4 ]: }(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied6 J$ I+ c' p' a) E5 r& Q
because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 p" m" W1 X2 M! a u# J; A( O" Bincorrect.
. ]! T% [* y# H; P( C! T(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& m6 _5 n4 A2 }/ s! X0 \
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground) q1 P# S9 R* \8 g
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 L3 B r' @. B# e. s
were a re-determination under this Act of origin, tariff classification or value for duty.
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