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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 A4 a! c! ^& H* h$ q; E: D上面说 非商业 进口 可以免关税?0 w. @% t- A* u
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0 R# y* V) l5 t' z, Bhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
& v r5 f" Y1 ]. ~2 W8 n6 p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* A. T& J% s Opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 Q6 @1 @, \# u+ x) oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& b: v/ Q( c T+ X(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" s' A1 F3 q/ b* M2 \) N$ E l
Canada to the time of release;! L$ b! N1 ^: T7 Q1 j2 ~9 F
(b) the quantity released is less than the quantity in respect of which duties were paid;" O, |/ w0 P/ D) u, I$ u8 }8 }
(c) they are of a quality inferior to that in respect of which duties were paid;; a1 [2 U3 r8 ^) T( b
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% j2 p3 B3 P7 _; B1 S3 f& p1 r- `
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
7 w( i/ v6 O6 E8 @case may be, was made in respect of those goods at the time they were accounted for under
! v4 @+ H! e( a7 g& }' V/ `6 {* vsubsection 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
% m2 \# m c4 ? A- b! a% g7 dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) c0 H- T* _* h0 H1 O5 Vaccounted for under subsection 32(1), (3) or (5);
' e* a2 ~. w3 f' M& A& U' ?' d5 H8 R" t(d) the calculation of duties owing was based on a clerical, typographical or similar error;5 A, F& Y; i' n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ ~, U& H4 y2 z& q) N& I1 k6 k
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ F( j/ X& }5 T v. G! b- w; r3 cvalue for duty in respect of the goods and the determination has not been the subject of a decision
1 e8 K& B! w( E% f4 [6 Tunder any of sections 59 to 61;, G- Z3 o2 a R
(f) [not applicable to non-commercial goods];5 H' F6 {5 j% ?" [ {" G& R! l+ N
(g) the duties were overpaid or paid in error for any reason that may be prescribed.( @; ~! S6 U& I& ^9 ^5 x
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 \) V) B5 I- y7 ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: M: t9 T$ E* {3 ^' I* S( |
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." V/ K8 Q% C, }! |
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 b5 O# d! i1 Y W5 C3 eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.+ [% t+ j3 D! E4 @5 e8 i' z1 _
(3) No refund shall be granted under subsection (1) in respect of a claim unless/ o7 l. y9 r3 e! f+ w, a2 l
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 W7 y `6 l) y2 v4 b
respect of which the claim is made or otherwise verify the reason for the claim; and5 ^& i3 N1 j% ?+ V; ~8 y
(b) an application for the refund, including such evidence in support of the application as may be% n# z z- `' [* I
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ q( }$ m8 s( U% X( Iprescribed information within' [& ?4 b. H n2 u
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ {2 F9 ?" r" D' p0 c) _# h$ z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 ^0 P* y B0 l# w$ r _+ k(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 u/ X6 q B/ b5 {- ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ t) o0 V( g" V- G) u( [(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 O2 s. r6 ^& T3 e4 \- {, C4 ~- G" B
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 [3 d! q* s3 W t9 h Y/ a(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 |5 b V( k4 R' b$ u1 z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 e" E! ]- d5 X* e% h6 aeligible for preferential tariff treatment under a free trade agreement; or$ [. g. S0 [4 O
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. A* ^9 V7 \# O/ S; Hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
( _9 ?+ u- s. o% m- Cincorrect.$ l0 U% d/ Q! `" C$ S T
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 Z% W+ @2 N) D3 i(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground y! u9 j& H7 V
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' A' w, I' D0 ^: Zwere a re-determination under this Act of origin, tariff classification or value for duty.
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1 k8 @. H3 L: |. p$ Y8 G0 I9 @这到底是说可以还是不可以啊? |
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