 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
. w0 ~9 X8 B3 q- k, q上面说 非商业 进口 可以免关税?3 o/ h7 ~: W1 m+ y$ y1 h1 D
. C+ O# p B/ B) a2 `
: W$ \8 y1 ~- ~% Y# p2 U: ~, t9 \1 \& l$ f) J3 w# |
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 L! M3 d4 a J- E; j' N& y
6 O2 Z5 i) i6 X, J8 q3 k1 x7 I0 a% G6 c
" |7 c+ z% l/ JRefund Requests! ?3 x! I+ n4 _
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 h' |' D" E, l" I- M9 r% l
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 q# p+ F. w( {3 h" u* J
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if: y& C0 |* V* }0 w, H6 Y6 F+ o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 j% }) I8 Q; s6 T5 ACanada to the time of release;3 s/ n. v y, r+ Z; d' f
(b) the quantity released is less than the quantity in respect of which duties were paid;! {8 X/ ^5 U& h% Q( V: R3 \7 P
(c) they are of a quality inferior to that in respect of which duties were paid;6 {$ o; B9 t' j
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ M n9 ]5 s7 i! ?& |% qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 V3 J7 C- {+ ?. ~; D& x W9 k
case may be, was made in respect of those goods at the time they were accounted for under* Y9 g- w4 F+ U) K& W! @
subsection 32(1), (3) or (5);
1 n4 W; O: ^7 ?8 L4 o2 }2 R m3
* U+ G. b2 ?# q8 h# k: W(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
N' Q3 C. k$ ^& {0 E, H4 |- \4 }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ D. X# t9 e2 b1 maccounted for under subsection 32(1), (3) or (5);" g/ h4 o( V4 K% |, p. e: `" V
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, g3 s4 }6 m" u* n7 v(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 i( [0 Q2 n* X2 \' Z- _
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 G% k) j8 f/ K+ j8 n6 A# xvalue for duty in respect of the goods and the determination has not been the subject of a decision
( W X; R8 z9 F7 aunder any of sections 59 to 61;8 w( Q. K! {' ^' M4 h+ F& E
(f) [not applicable to non-commercial goods];: U, T+ U s( N! @6 ~, u5 @" R
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 K4 q$ W+ a4 R' m( R# G" x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% t" [2 S4 E _7 C) D, X7 n$ m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 I- V# ] U- J9 p
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 `- R8 y# Z8 W# k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
G! t* q' e- Eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.' N; K2 z1 P0 {" u0 d/ @3 T- `9 a
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; h' k- X* X' o8 _+ |9 a& M(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 |) L- z6 o+ G! h1 @4 W8 M* f! E# Grespect of which the claim is made or otherwise verify the reason for the claim; and2 H" u L6 d1 n5 d7 @
(b) an application for the refund, including such evidence in support of the application as may be
- t4 Q: K% w" q0 fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
3 x( C4 ~4 e8 p/ Z, gprescribed information within
5 q- Q' F% y/ M4 X8 i+ e5 a(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 I" f8 D% L m
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 W' k t; m4 F
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! `& k7 p: s' i4 f" xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: Q; \' j/ S# k$ o0 Y$ Y6 q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# M; q3 |8 b, zthis Act as if it were a re-determination under paragraph 59(1)(a) if
. {! d A- G+ E(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ V! c9 k7 p; [3 Y- z6 O2 e; u4 Ibecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 P i' {: X2 k- M9 R* |& beligible for preferential tariff treatment under a free trade agreement; or
7 V; n8 {! q* G/ x+ c(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# j8 k- Z. d( U! N
because the origin, tariff classification or value for duty of the goods as claimed in the application is
! A& O1 c2 x. V/ S; Z5 [3 wincorrect.
. `9 X; X' z8 J" X) O" A(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, F$ k/ P; s. t(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground1 O" N) x0 t# K+ T7 L1 k& L
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 `- M M& }4 Swere a re-determination under this Act of origin, tariff classification or value for duty.* \: e4 p$ c0 J; L7 \) P9 m+ U* q
! P, Q$ J6 B' J" G' }, x7 G
这到底是说可以还是不可以啊? |
|