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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
( B( a2 p& ^9 v' E5 `4 h- g6 [上面说 非商业 进口 可以免关税?
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2 {" v8 J: p+ p U5 j: o* n" d5 I8 ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf/ j7 g( x: ~ h) ~8 t% v1 _; r) G
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Refund Requests
4 W- p u7 m. C5 \: g74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* @% {( A' u, }9 Bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
$ B+ Y; m. ]- @# o* y& q" P1 R$ y% Bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if W5 `/ i2 J. N r$ [. l' t
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) N# k4 l$ c: M) B% M# r; Y' B: [Canada to the time of release;# O% e( p6 G" N5 x) l
(b) the quantity released is less than the quantity in respect of which duties were paid;2 v6 W& _* j# T. S2 g& b+ w9 b
(c) they are of a quality inferior to that in respect of which duties were paid;
, {9 z4 K2 J1 j/ u) K0 D+ X' H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
f! G* n: M/ e* v+ V2 r9 @tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) W; U1 J& d; _case may be, was made in respect of those goods at the time they were accounted for under0 d+ b0 }; C/ s$ e/ Q8 R$ s* A
subsection 32(1), (3) or (5);6 G) v0 Z4 a7 f/ |& g
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
( ~+ r' T$ b# kpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
: Y+ y' ]3 _* X& ]0 E1 |7 y; [accounted for under subsection 32(1), (3) or (5);
. p. j) _$ o! ?2 @; r B9 a(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 l+ z' i5 J4 k F8 G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)- T! f% k v, `) q" E4 o& Y
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' \- s& z8 G' {6 ]6 ], d0 f7 fvalue for duty in respect of the goods and the determination has not been the subject of a decision
) C7 s& X. ] H7 l O1 _under any of sections 59 to 61;
- y; v/ D3 c/ y$ }; A; c+ Y5 \* ](f) [not applicable to non-commercial goods];
' F: t6 M& q2 w(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 }3 ~: c- _. g
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
5 x/ E9 W5 v1 k$ R, B. `/ Don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 ^# F9 ^% @, V6 l }7 jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) {& U! v9 N' X/ v(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' X% C9 B, D2 h& F0 u% n9 ^unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
0 I; j3 i7 A) L$ m" E(3) No refund shall be granted under subsection (1) in respect of a claim unless+ f& k4 n* p5 c3 {' a _! k
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 E5 s5 V" E) D; R& r0 g* orespect of which the claim is made or otherwise verify the reason for the claim; and( A" J% B3 w4 u! L# W+ E
(b) an application for the refund, including such evidence in support of the application as may be
# I0 @0 z7 z' t7 ]/ f' }" kprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. F: @% v# }2 V+ E$ @6 `' R- O" Nprescribed information within
- ^5 S. V$ v3 \/ l$ R2 n# X& z0 c(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 [- f1 B$ Q9 p* B9 Z. }" n3 Y! K
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 ?. R' U; Z2 i1 D4 h* o+ L(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* w% a G. \3 D. ?' B1 ^7 a
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 k; y1 q' L0 _; I6 I
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& e5 f9 x" ~* d. Q+ {this Act as if it were a re-determination under paragraph 59(1)(a) if
+ }" W9 o! e, {/ J* b) G) t1 ?(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; o' N: x* a$ q( g! b! A; Q8 Z! {
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ c* F8 @& Y4 w) {( x6 o; ^9 }7 e
eligible for preferential tariff treatment under a free trade agreement; or
; k' a) [+ Z3 r% _$ y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ L% n: b$ _) u7 u# F; h
because the origin, tariff classification or value for duty of the goods as claimed in the application is; c$ `0 w6 F3 e! c& R
incorrect.
1 H4 f* M3 Q7 P" t* ](5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; F; Y w: z1 O2 H: f& ~! c- Y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, Z- \& N( O9 } p
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 y2 m) N0 N0 Y, w- Awere a re-determination under this Act of origin, tariff classification or value for duty.
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D# F) s1 b3 u# m9 B这到底是说可以还是不可以啊? |
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