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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: a$ n3 A3 |3 O
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 Requests
+ F. B' D7 e9 F# q; v74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 F3 p+ W) J7 |( o1 B+ U3 E! g
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 c- W% I, ?# ^3 N/ ]* J6 m
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 q0 q) u7 b* R5 @% H$ s3 O
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to4 s* M, A9 a4 R8 p$ C6 H/ A
Canada to the time of release;1 _* h+ h$ j; {
(b) the quantity released is less than the quantity in respect of which duties were paid;
8 A g: f9 N1 D* ](c) they are of a quality inferior to that in respect of which duties were paid;* N1 E2 F1 ~6 W1 m% j, d# {
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# S2 X0 D0 O& ?2 x' t- g' c9 T; m" L
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ v/ c$ |! S }1 A8 _4 l6 t! \. {
case may be, was made in respect of those goods at the time they were accounted for under
! r C5 S& Y: i: h+ }' ^4 Osubsection 32(1), (3) or (5);& w' L# o4 w1 \# X' P
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) l. l( g6 w& `: g2 U; f! @preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% M* S R6 g+ O% `: zaccounted for under subsection 32(1), (3) or (5);& e/ K. ~) e- |' ^- D$ l1 p7 _1 {
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" d% _2 l L. N, Q }& d) q(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)- r$ {" Y% o( t1 G6 A
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% g# c5 G& d* M0 x( `% ^, K5 `' w" p0 m
value for duty in respect of the goods and the determination has not been the subject of a decision! D) y, _/ N Z' Z( l8 {6 G
under any of sections 59 to 61;
1 K0 \. P+ N8 X( d. Z* n/ _(f) [not applicable to non-commercial goods];
& b8 A; ?1 s2 ]- S2 P(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 V6 {* c' d3 G" d3 t(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( _) d, p% B) con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ V5 p1 J$ ]" rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* H/ _# m! F* U% ?9 ~
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* ?" k2 l, M6 H$ i6 B
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.+ L0 g p# `6 H4 e
(3) No refund shall be granted under subsection (1) in respect of a claim unless1 I4 X$ w% _5 A# e# s, u8 {
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 \! Q1 r7 V# p, \" p7 t
respect of which the claim is made or otherwise verify the reason for the claim; and7 i6 h3 ?) {- @4 _8 d9 g
(b) an application for the refund, including such evidence in support of the application as may be4 |1 b4 a5 Z9 ?: D1 C5 K8 N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: w6 H! \5 o& |/ z1 W
prescribed information within
7 K5 U5 V) O& O(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 L; @: w1 _% R7 J
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 {2 A Q7 H. V& M" E: \ N7 }9 \7 w3 g0 R(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ m# c: H" P: o% F. ]
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" ] O: f6 y. X( `(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, [ P5 ?* {! ~7 {" W/ u# @- K5 l7 gthis Act as if it were a re-determination under paragraph 59(1)(a) if
* T" I5 O$ B! S6 N& V(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# o p: @" G" l) V3 _1 \because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 U% v& N' J5 s
eligible for preferential tariff treatment under a free trade agreement; or
( l: c K2 _' M/ T: i(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 h5 h" \% t$ g) s6 h
because the origin, tariff classification or value for duty of the goods as claimed in the application is6 D) [' p4 E( a4 _! h
incorrect.
* M6 ?4 I. P3 U" j4 v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ ^2 u8 H1 ?+ h9 ]. \9 ^- a9 A% i(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- F' b( I ~6 i% G# ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, i# h1 r" {3 [0 q- G' [0 W
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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