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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
5 D I8 t5 H! W2 _# \1 B上面说 非商业 进口 可以免关税?- M, Z; c! ^5 V: I; ?
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: x5 i' t/ d, n7 p0 q' yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ Q7 S. w+ N; G% t% @Refund Requests
8 P! D+ E/ k6 y* N" B: J74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# s; M/ m, O" Y" Q: qpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 U- G: |# t4 `of those duties, and the Minister may grant to that person a refund of all or part of those duties, if. K# f: [( n, `
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# V) k; }; n( j2 ? Z8 x
Canada to the time of release;
1 @5 t$ `# N: S, w+ @(b) the quantity released is less than the quantity in respect of which duties were paid;
, n6 \/ B: i& _+ @: W% g+ M+ R(c) they are of a quality inferior to that in respect of which duties were paid;
5 ~& [. N* d0 F8 \, R$ n6 f' P+ g(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential1 ^0 W. f7 Y4 {
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% _( `( E8 S% g. z
case may be, was made in respect of those goods at the time they were accounted for under$ M' j$ H% x+ ?. N
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 G! y/ v+ R) P, `
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 @2 |" H9 Z/ p
accounted for under subsection 32(1), (3) or (5);) |* W t$ b; X: |* i' m
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
E$ b: Y! k8 A2 G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). G1 K+ K5 s( r( H3 I3 q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ ]8 R2 ~) D9 R. o
value for duty in respect of the goods and the determination has not been the subject of a decision
5 P' A0 [! f' c" Y' S7 b8 cunder any of sections 59 to 61;
. h; y( \$ Y' _(f) [not applicable to non-commercial goods];
) M: d1 V- E" I; Z2 l) ]& l2 I; Y4 C$ W(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" u$ E a( a* O(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: g' V, I1 _5 `9 won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 A0 |' [# ?& Z: r4 U
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* l, }7 b, D8 h' |" @" {
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 I9 ?1 D; q; J2 s4 n `% ?0 xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
% y) h9 H5 Z' `: s3 ?) D(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 x; k4 r5 u, G$ j9 X0 `(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 o( a3 ?: X, x* _" [+ I5 Q( Hrespect of which the claim is made or otherwise verify the reason for the claim; and& v, T' w- y$ u8 H
(b) an application for the refund, including such evidence in support of the application as may be
& B/ j: {- Q5 e- Y0 H7 Z; hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ a% X" V5 U t' f, xprescribed information within
) _/ O0 e$ A4 y! x9 l(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) X9 Y3 F( \, }4 k% M- S- V+ x' vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 z- x! p* N [9 Z2 q0 m" o(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
4 l$ B' `# \6 N/ \# Ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% O. q' q# ^, e/ a+ q7 Z# ^(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' _& @! r6 Y1 O. jthis Act as if it were a re-determination under paragraph 59(1)(a) if# g5 W0 L9 y* I. R$ S8 o! L
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! ^1 v0 o3 M0 O- E& `+ hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not, {* n% f3 q0 K( B& `2 @1 L
eligible for preferential tariff treatment under a free trade agreement; or
# A5 \6 ^( T% K. k0 r& V! c(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ L( }% m- l U/ i. F$ t. T$ Xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
9 f- \$ ^; t7 u& Mincorrect.
5 K- O; C9 {! m! H- t# T; L- C(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! i* L6 [8 M4 Q1 L) y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! N" O2 b9 F4 c5 r) a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ s7 ]2 M5 X, [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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