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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 r. j5 j6 Q2 e7 C6 R
上面说 非商业 进口 可以免关税?* n$ Y* E0 i2 q* g
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* ]& r# y( n8 G( Khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
- Z$ L1 M' N; Z( j# O74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# M) B, v+ t, w5 z, S
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# q2 J: ?( T$ J- _/ s3 ^of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; l3 u: z+ S( F# r8 j, i' E(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* b, \. x5 c4 Y4 f$ A$ ^Canada to the time of release;7 {" k- I. U3 W) V
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 e) A0 @ Z' s. A5 |& x(c) they are of a quality inferior to that in respect of which duties were paid;
/ p, R; _* o; i& q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 Q& [, G. p3 Z$ B
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& G" v% Z; F1 `3 U n
case may be, was made in respect of those goods at the time they were accounted for under% o2 N2 Q5 s: w
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
9 B5 R" j; o& N( upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ z' e9 R( h0 q' Maccounted for under subsection 32(1), (3) or (5);+ B8 P4 D1 R K1 k% d
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 f, K) ?/ w9 F4 M+ R* M {+ n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 D- R b( A/ tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ ]$ r- G B$ o3 R5 h8 |+ B0 jvalue for duty in respect of the goods and the determination has not been the subject of a decision( f4 a) n4 D5 D
under any of sections 59 to 61;
( `6 _$ w7 V' m6 ]4 ](f) [not applicable to non-commercial goods];$ U2 {' o( Y6 x. t
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( n: ~! ~+ r8 q, a( `# a" }(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 r2 B: j. `0 s) z9 a
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! `0 f* N; A9 Y7 y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." Z1 a% p" `: u! t5 N& _0 S: G- B
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' Z, H* o3 i; y" s# z) [7 K: H6 T! Hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 R) O; A" Y* R/ {4 e" Y0 k
(3) No refund shall be granted under subsection (1) in respect of a claim unless2 n5 R# p) H9 y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. o$ j. L+ B% B! ?2 C* Prespect of which the claim is made or otherwise verify the reason for the claim; and- o; f% v; w: S! m5 M) n
(b) an application for the refund, including such evidence in support of the application as may be& Y3 I5 @1 a0 c: | z- o. v
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 I, N0 k. m( t1 m$ ]* I1 A$ ?
prescribed information within# D8 g1 O2 J* l* q' g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 c9 b- p- [( x# [' zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. n4 @2 E! r9 D7 j; z( M9 `) Z. t. \
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
4 \( f1 T* }4 c! owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 v+ y7 p% s7 I# k, y1 Q: Q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# e: o. Q- G. |0 S% e9 L
this Act as if it were a re-determination under paragraph 59(1)(a) if" J9 k9 a% M( i) {* D# F3 }/ e
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, s, ?8 a) g( j F2 [
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ P2 I+ M- I' ]: X8 h% q d
eligible for preferential tariff treatment under a free trade agreement; or
# I: T: E+ D' q- n(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
& w: }% R5 p. x2 [( k, v6 Hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
! x; J0 P& F( iincorrect.
/ z* j' T4 K0 Y1 b(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 I' n, Y/ T* p; _* b( F0 P# C4 z3 s(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" j" `% I# S; k% wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" w! ?3 l9 ^$ B+ G& ^4 M' hwere a re-determination under this Act of origin, tariff classification or value for duty.( u* q9 ^5 h/ @9 s
3 U8 z3 a8 f+ o" J) V这到底是说可以还是不可以啊? |
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