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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 B% z: _! l7 z5 Q6 l上面说 非商业 进口 可以免关税?8 L" B- e3 E- Y% b4 A
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. V6 }. i9 ~# G; i1 t6 k. }
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Refund Requests
! U+ h# y) @) w3 H, W5 C6 [) C74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ e' g& n; E0 ]) I! o4 Apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ b+ N% H" Z3 R( E+ i' G' Z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if' O2 W8 p. X) V" A. q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- Y6 T) B2 S4 L' ]1 H$ e9 `Canada to the time of release;
+ H: f5 G0 M9 w1 }/ X(b) the quantity released is less than the quantity in respect of which duties were paid;
) |5 Z, g8 \" ^ T6 W' c! p4 C( {(c) they are of a quality inferior to that in respect of which duties were paid;' w. n- j- Q4 h1 \
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 j8 O; r$ w' e! Qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 T/ a4 ~: Z/ [( `) l# k9 }$ Ecase may be, was made in respect of those goods at the time they were accounted for under
$ X# j* v& Q- q z7 y. G9 l( H) @5 B6 psubsection 32(1), (3) or (5);
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0 v# @0 F m1 J8 y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for9 k9 o) S/ g$ `
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 ~; l% o2 m Q. o- q
accounted for under subsection 32(1), (3) or (5);
, @8 R& p/ u" w/ z(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# Z* V# d4 c, b+ N. w( M(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 _8 F" B% T) c0 F& iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 e5 k0 ^( i5 c: @. P3 O
value for duty in respect of the goods and the determination has not been the subject of a decision4 D4 q' \9 t* v0 J0 v; ?0 Y
under any of sections 59 to 61;
z6 x; x* ]6 d- K, {& g; ?(f) [not applicable to non-commercial goods];7 v7 e; J# V9 n0 }
(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 [* X8 [* h+ o) S
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' C0 T9 k. b1 u
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 V9 K4 Y% K5 {& i1 r
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 d5 O+ F) D4 R4 H
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim e& r* W9 h2 g' E
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.) I) N6 b8 V5 H. ?1 D0 [
(3) No refund shall be granted under subsection (1) in respect of a claim unless
% T; U, `- A2 k9 ~2 z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ \# p) {1 e/ W- o$ }4 N) P1 Nrespect of which the claim is made or otherwise verify the reason for the claim; and2 T% k5 F j" l: t( g
(b) an application for the refund, including such evidence in support of the application as may be n" Q! e9 x2 X- B' c
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) H. r" A/ g- T* I r$ z( Kprescribed information within+ J$ Z" l( P) a7 A/ s
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ \& [# E) e% a$ F; hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& U' X- R6 w9 c! @4 m: X(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 ^$ U0 X4 J* F5 W" Kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 M9 I6 A7 O$ j9 W( Y0 u& _) `6 x(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) e( ~& v& Y; |" gthis Act as if it were a re-determination under paragraph 59(1)(a) if) q4 L, ~# o; H+ @% X8 b* u
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 c4 |! N# a* T5 fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 @/ h+ ]6 [& ]
eligible for preferential tariff treatment under a free trade agreement; or
2 C0 O! v3 \3 N3 J# j2 s* }$ \(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
1 y. N [* c! P- f* m) mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
! W; e4 R/ h, sincorrect.1 l7 B9 r% \- E, B2 I0 l
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- ~0 z6 n! ^, m# N! [(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: h3 y }- n% r' t/ g: o" n9 s
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- K& G1 n/ a1 F6 Y) _; C* Dwere a re-determination under this Act of origin, tariff classification or value for duty.' G/ Z! X4 G: E# q
4 t7 x+ l) e n5 M这到底是说可以还是不可以啊? |
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