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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
; F! n9 q, a' w, d( g% K2 ]上面说 非商业 进口 可以免关税?6 x/ \# H$ x6 c) W/ L+ a4 v; g
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+ j9 k% {. g+ \, d% U" ~- uhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ e& _' j% s3 u& x% T6 I
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Refund Requests
$ U5 a# y: M' O f6 T& o74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; ]) `- l [0 m0 t" q
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' q& P' l' @2 q6 `8 `) y) J
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" j. ]7 C' X5 B; [8 @3 d2 h: v(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 ~2 M8 |, n0 Q5 bCanada to the time of release;' g: j% k5 \- j% r, L W
(b) the quantity released is less than the quantity in respect of which duties were paid;
9 w, m9 u7 f1 M(c) they are of a quality inferior to that in respect of which duties were paid;
6 W6 Y' Y3 A5 v! g(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
7 a; c8 O$ k) K2 btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ r0 o) V" T$ h- L, n8 w7 ucase may be, was made in respect of those goods at the time they were accounted for under
# m1 ~. _7 G: l7 U$ ^subsection 32(1), (3) or (5);- J* y* n @6 I" n. c3 o! s6 X
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: y9 i1 P1 {3 p" E3 f: w. F& W9 A. I(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; i6 ]% n z2 o: N0 o+ C9 kpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 P: W- D1 d0 y
accounted for under subsection 32(1), (3) or (5);5 h7 [( z! E; c" U, y
(d) the calculation of duties owing was based on a clerical, typographical or similar error;. h1 G; b( W4 n& J/ ?$ O
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& A) z% ~- c+ H! sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* s0 ?% ?( a* W
value for duty in respect of the goods and the determination has not been the subject of a decision7 c! U) t# w# l9 o2 c% M/ n4 o
under any of sections 59 to 61;
9 Y C/ A9 j6 l0 ](f) [not applicable to non-commercial goods];
) |/ D( M& p$ f" Y% e# B! w7 a# S(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ y& c) \) W' D( I(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# w$ X3 H6 {$ M* c& V, zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: q8 d, b2 y" o4 bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 K% r1 H, y# Y* M# X/ r(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 B e7 O, S% b
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.: g5 n2 ]2 n3 D) Q) i; I
(3) No refund shall be granted under subsection (1) in respect of a claim unless6 p$ A8 d5 a/ U% j
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# `( c3 J5 E w, D4 ?) wrespect of which the claim is made or otherwise verify the reason for the claim; and
\" m3 h$ j$ T. _5 [(b) an application for the refund, including such evidence in support of the application as may be& i1 x+ A8 o8 m3 c
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 X3 ^6 [8 |% u9 h fprescribed information within
+ p' t5 u$ h# e(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 x* l% \; K9 D# k. h( V. z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" L3 U' ]& W9 m& t
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ `- X t9 c! P6 J9 }
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; S7 S! T+ U6 `/ Q- ] h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of V; t0 V1 v+ f2 X
this Act as if it were a re-determination under paragraph 59(1)(a) if
) P4 ~- _$ S7 j9 S(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) H, Q0 }% n( D) R) V/ _+ Jbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not- e6 x$ Y; C1 B! Y' S
eligible for preferential tariff treatment under a free trade agreement; or) J& W+ O1 s! v# [; k% r8 w: Y3 b
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ z+ R( h0 `% i/ u7 z# x" m. I
because the origin, tariff classification or value for duty of the goods as claimed in the application is+ |9 t" E. ~# |# j
incorrect.2 P5 z. g2 s0 T
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 s! I" W% k7 g; ~(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 G, F& d! L) }5 I( X3 B. W
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) I) w; |. T2 F
were a re-determination under this Act of origin, tariff classification or value for duty.$ P2 u% u& r7 A( I3 J. q
6 N9 m, t/ ?) ]2 i' V这到底是说可以还是不可以啊? |
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