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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) p6 a6 S' m; |- t$ m上面说 非商业 进口 可以免关税?! y) |7 o- @1 j
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
) q X4 q. F5 b8 l74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. Y2 n# v0 G J1 b( `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 C4 H5 ^$ Z! f s' u
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. ], [! u7 i* Z: \; V, a9 m% d(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ a. U" k/ Q: R6 E; gCanada to the time of release;
& S6 ?4 a0 R/ l4 y* D2 M(b) the quantity released is less than the quantity in respect of which duties were paid;
, L9 b0 V6 a2 n9 b7 y(c) they are of a quality inferior to that in respect of which duties were paid;* b+ o$ @7 V& Q( C' y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 N [8 c6 r4 [4 Q; M$ L$ }) utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! v' _. A' b4 _2 f2 k3 t5 vcase may be, was made in respect of those goods at the time they were accounted for under
; j( v1 z k/ o5 ysubsection 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
& G3 P& P$ k4 {0 J! R; p8 Rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 ~: f, d/ x# _1 d2 K# X }2 `, Baccounted for under subsection 32(1), (3) or (5);( T- D9 T5 N S. O1 v- n
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
$ l" E) i; S0 z* x, ^& t* n. n: x(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# |/ J* d2 ^3 b+ [5 b. j9 Cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 t2 {( R0 r. E9 o z4 c! h. Y/ o+ S9 B
value for duty in respect of the goods and the determination has not been the subject of a decision5 x: W, c& D5 d: T
under any of sections 59 to 61;! E. t4 R3 W j. H! x' a
(f) [not applicable to non-commercial goods];
& v3 h! t5 _; V7 P1 c4 M: @8 H(g) the duties were overpaid or paid in error for any reason that may be prescribed.& V1 X/ U/ O3 X/ m0 J( K
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
8 ~: Y& L) j' V9 |1 `8 E, W1 Uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& b9 { r6 L7 R! z( ~this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# C0 x1 n# V% u f4 Y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 v7 t5 m5 X4 v! h1 g
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.% u# I5 |4 b0 a
(3) No refund shall be granted under subsection (1) in respect of a claim unless h8 A7 V! V5 \, c3 y e) j
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' C( Y5 w& i c% }( j, b
respect of which the claim is made or otherwise verify the reason for the claim; and
+ J" _& l. W6 w8 v3 Y: ^(b) an application for the refund, including such evidence in support of the application as may be c9 X* `- i5 O. ~4 J
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) r8 N& Q! X9 c! Q0 nprescribed information within
" z: a6 S: ]( ^, Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ X& k2 Y7 h: }% M* W+ o2 p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 n: @" d* U9 x9 a(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- g: Z3 v) s# F( r
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ ^. K, ~4 ^8 R# F8 n
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" T8 Q3 D+ l2 @% x/ \' [4 h
this Act as if it were a re-determination under paragraph 59(1)(a) if
: S2 Z1 }: p3 q8 @: s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 a& p, c6 r0 [9 n2 ~; E
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
; s, Y% _# O0 R! f( T2 Z+ r: |* oeligible for preferential tariff treatment under a free trade agreement; or
9 E# t8 w7 j' x; U(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ Z/ W j) O- O) |9 @
because the origin, tariff classification or value for duty of the goods as claimed in the application is [" [% @6 t! w4 E
incorrect., D9 C+ I. z, {7 u; t& P2 q; Y' l
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 A7 Y$ m9 @; X2 X% E5 X8 S& h0 }. E) J(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& d; b1 x! ]/ B5 v6 h
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& }8 ~9 d% E% V1 C, i" Y5 O1 P& Z3 xwere a re-determination under this Act of origin, tariff classification or value for duty.7 W* `8 H% M) t( h5 M* ]
) a, P# T1 L3 s' K6 W2 |6 K这到底是说可以还是不可以啊? |
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