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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 @0 q: ?: V( u, Z. W/ S
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
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Refund Requests4 [3 u" [1 d& @: B$ {
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 n& P* ~( | V- S) [( {# rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" d1 W- N' U' q9 r7 l* w) Pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) p% S' d7 F' ](a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 l0 f2 |8 J' Z1 z3 B3 D; j" F" ACanada to the time of release;7 e b: @1 ?* o8 [) Q+ m, o! v
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ P t* E' |9 I, ~9 Q: w(c) they are of a quality inferior to that in respect of which duties were paid;7 H9 I! Y- }3 i: \2 Z5 x7 s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ P" y5 i9 u! O( W! Q! w3 P* i3 Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 f2 M! z$ C# A$ I: acase may be, was made in respect of those goods at the time they were accounted for under
; V: K/ \" F. ~% i: n$ Zsubsection 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
7 w( u b y/ vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- r/ y9 a/ i0 k: [4 c. h1 xaccounted for under subsection 32(1), (3) or (5);
* }: T6 l) M: ~( p- H7 S3 @$ l+ a(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 s3 D) v, w" h! V& Z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) ~! F0 j5 j# L
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' l7 j* _ e4 jvalue for duty in respect of the goods and the determination has not been the subject of a decision1 h. m* `# _# d& F8 f
under any of sections 59 to 61;0 r/ b, ]- I- y0 }( y! u
(f) [not applicable to non-commercial goods];
, U* }2 A2 d. E S6 l/ L(g) the duties were overpaid or paid in error for any reason that may be prescribed." r H" w- r4 K$ Z* [- m. l( f
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* H- a) U, T9 i' |+ s! h) s/ r6 Uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. ]! u7 B$ l2 w9 M! n7 F
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
O" j- I1 G" ^5 y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ M/ z1 x$ m4 L* Z2 xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.( ]) F9 d; ]1 X
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 ~- d8 B; r" T" l5 L }
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ Q* m3 M3 d0 d' |, f
respect of which the claim is made or otherwise verify the reason for the claim; and
Q1 C. W/ R( u1 h( _6 f(b) an application for the refund, including such evidence in support of the application as may be d' a; Y5 _/ h# P
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
0 f) I% l8 c- B: @) fprescribed information within
2 ]6 G E Q' z$ K. }(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
* I* t, t! @9 h$ f- N- [$ a+ @/ ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and G; k7 d) ?1 v( \
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods$ W5 W5 A- _* N* ]
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# f: o9 H" `; K0 q2 {: x/ H
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% l' F0 L- U. H B8 E7 a
this Act as if it were a re-determination under paragraph 59(1)(a) if5 X" ~) J4 k2 e/ O" F
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, ]0 U! ?0 w8 t$ E4 wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 ^ v9 k2 k" z- H; B
eligible for preferential tariff treatment under a free trade agreement; or
0 u* W( z& n0 G; s6 F4 a1 b- g(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, o% r y, L0 s4 Dbecause the origin, tariff classification or value for duty of the goods as claimed in the application is4 `0 h1 Y7 x$ [/ W
incorrect.& q- b& j6 X2 y5 k
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: a+ |7 z& F( Z, z% `, Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& p$ l1 p1 G' M4 F% U& Q6 R+ f/ A
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- ]9 q/ o, z, m" a/ Y+ n' Zwere a re-determination under this Act of origin, tariff classification or value for duty.* k1 s3 J: f9 L- P* l
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这到底是说可以还是不可以啊? |
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