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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. ^* Q; Y5 M2 K. v7 `. `0 C
上面说 非商业 进口 可以免关税?1 B( g4 u0 |/ }8 b' L3 a) S% K
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests" Q/ Z7 K) D' c9 J. E* E p
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ _; q; k ?7 V) V, l9 `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 |5 T$ p% V0 H w/ pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) v8 r; O$ L4 E4 [: W(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% t2 `: ?; d Q9 E7 W, [& ?" Y. \
Canada to the time of release;
0 }7 c4 K! O1 p(b) the quantity released is less than the quantity in respect of which duties were paid;
* D n" G$ h, r4 N' \# ~: M7 p+ I(c) they are of a quality inferior to that in respect of which duties were paid;
8 ?9 D: q0 d/ d( c, n6 v(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential z! ]) |; h1 R& [! ]' }. y* y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* |4 s* M( }9 J5 \/ Ncase may be, was made in respect of those goods at the time they were accounted for under2 E0 V6 K6 x. X5 i3 |
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 for D" `5 u2 v4 @2 X2 Y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) l; H$ V2 d- T3 {accounted for under subsection 32(1), (3) or (5);
9 {( c& g5 O7 X9 }, S' x, z! n(d) the calculation of duties owing was based on a clerical, typographical or similar error;' Z, z+ m; P# @6 ^* H2 j0 L
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 J/ R/ p5 E$ a0 k4 Fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or# X$ `7 O- K& k
value for duty in respect of the goods and the determination has not been the subject of a decision, }4 r8 B$ p$ b" L/ E; |6 R; I3 k
under any of sections 59 to 61;5 c; H" C. V; K( n
(f) [not applicable to non-commercial goods];
8 S6 P+ k5 m2 ~( z3 _9 B8 P% f(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ D F/ j. q( A. `( y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based8 z- H! J3 B* _/ ]9 M, H" o3 ]7 `# L
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
* N- |( T2 o5 H& G5 ^this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 C# k( j; Q) O* m# l(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& F5 |' A% f9 I$ I
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ S3 E' i2 R3 ]4 G5 Q- \: ^(3) No refund shall be granted under subsection (1) in respect of a claim unless2 U, Z$ O0 S4 n+ G6 Y: l0 ^" P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! Z8 n3 N8 z" |8 n3 v# ^respect of which the claim is made or otherwise verify the reason for the claim; and
8 i3 G0 O3 s" n _(b) an application for the refund, including such evidence in support of the application as may be
2 X% |) X% j5 Jprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 L6 c& h# F$ d& q% m6 |
prescribed information within, u9 w0 t6 x% x* _) J$ }# U
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ h( _) c( K O7 E
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' @$ f8 \) S# z' M: j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 b! H6 v# |; e
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 F. c' u4 L# ?' s- Z(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: Y l) k0 a9 k9 J/ Z, d0 V' {
this Act as if it were a re-determination under paragraph 59(1)(a) if8 G9 N, ~$ E* G+ ^) a
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- u. H5 F% @2 e3 H6 g6 j9 Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! I0 `" e1 S2 g5 Q6 N" r" Deligible for preferential tariff treatment under a free trade agreement; or0 V F+ L1 ]# T5 n2 ?
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% ?& K4 H9 T! R/ rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
8 \/ w" f$ r: q' u/ c* hincorrect.
5 P7 x% U9 H2 t" p! W; o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 J& Y& y: M' ?" c9 p3 B9 p" ~
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& G9 A6 K* r3 j7 h# `1 eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ U& ~4 b0 v( l' }9 @& gwere a re-determination under this Act of origin, tariff classification or value for duty.
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! A& {) }; {; [/ G& N; z* Q w这到底是说可以还是不可以啊? |
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