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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 s. n2 |! k7 F" \: d# C1 e% j
上面说 非商业 进口 可以免关税?5 y6 A% N9 Q6 g
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* m4 W k! [2 a
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& L) q/ q3 n( e, ]' b7 aRefund Requests2 x( w* q! o6 N& Y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 e& ]: c w9 H( v! R3 N8 Z- q( G
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 w5 c: X$ [! H! S! |& a
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
! C0 a! \+ y/ b# h4 J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 n$ e+ q2 L/ J, U5 `3 x" C
Canada to the time of release;3 _- p# O5 ?+ E& r# J
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 A" j [( O& x% ~# e% o(c) they are of a quality inferior to that in respect of which duties were paid;
. @0 E$ L: w# a(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) C/ t( q; F9 } }1 ], `* Utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" {5 r# {# |$ d
case may be, was made in respect of those goods at the time they were accounted for under; h) m4 C. q' j0 k: X( |
subsection 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+ X" N: X! W- @; ~
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* p9 V# F6 z2 Q0 P8 m% D: @accounted for under subsection 32(1), (3) or (5);' Q1 y- d w: _
(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 I$ \- V! Q. w" `. O
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" c7 X1 r6 K9 ^& c0 @of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* ^# r( Q4 z; y, ?1 a' cvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 F0 R% d, ^" C0 ^! `. k$ `under any of sections 59 to 61;
& {2 n3 U, F9 b0 U- c8 T(f) [not applicable to non-commercial goods];3 d! P2 {7 ^) s3 G# |6 K* q! m4 I
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
: e$ }1 J2 ^- u" Z(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ H9 \4 q: r) u6 W, L2 H% r2 Ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; `7 v2 r! K$ {: `0 V, F
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ N/ a! H, c3 g8 `- z- l0 u. j& x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim' O2 g6 Y' y3 V3 L: H J
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 C3 A1 d( `2 Q; ]
(3) No refund shall be granted under subsection (1) in respect of a claim unless
* X9 m" C9 q/ J3 h4 t(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 _5 H# a. Q: R6 `
respect of which the claim is made or otherwise verify the reason for the claim; and& J2 x4 _" H8 Q# J: n+ C& T0 H( z
(b) an application for the refund, including such evidence in support of the application as may be
' @& V" S$ w% R& iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
9 H- ^9 l) a6 t$ ^0 j0 L0 X$ ]prescribed information within& ~5 l% u, O7 q/ `8 Q+ Y4 @! D
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ Y6 m2 D; d& a+ ^3 V5 h. L
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 m- S7 h$ f4 W" a- \6 R
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 m. C; r" @' q8 g
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ H2 c. N( n* `8 q/ g' i
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 h, E' H9 u: a' K7 _this Act as if it were a re-determination under paragraph 59(1)(a) if
; r% [+ k; b, I4 Q5 F(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. p+ y3 e4 Z5 _: bbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& q+ ^. z+ `; L( w$ h% a6 ieligible for preferential tariff treatment under a free trade agreement; or3 [" q- g$ H2 n/ P
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" y" I0 d$ R2 `, o ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is$ t! w4 g0 X3 \
incorrect.
6 s4 w: e( _" t3 U3 f(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ i0 I( J4 m3 H1 B- \- j6 v(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 M# @% R8 \4 Y1 I# {other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 m, g5 `$ e" U2 p4 ^4 o" m+ t8 ~were a re-determination under this Act of origin, tariff classification or value for duty.
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( B4 ?' p8 e4 D$ z6 d; r" \这到底是说可以还是不可以啊? |
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