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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
Y1 _8 |5 y, C) R# G+ C1 w: T上面说 非商业 进口 可以免关税?0 m1 j" I }9 y9 w1 Z/ }
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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; w: ~ F8 M( W4 \& t% G# p9 xRefund Requests
. t, `+ I% X) T* [+ w. E74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ G" M, y; P5 K& c) l# k, q1 T9 ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; T* A' J4 b! f* O% D# Z f" m! A# ^of those duties, and the Minister may grant to that person a refund of all or part of those duties, if; C8 V- S2 V' x: _: h7 c
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 I P9 ?6 l" R" hCanada to the time of release;9 O% {9 v3 Y) G1 a9 [
(b) the quantity released is less than the quantity in respect of which duties were paid;
9 U# ?0 o' p: o( L1 c% A' X(c) they are of a quality inferior to that in respect of which duties were paid;
7 } I' J3 x$ v; E(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% i) K) k1 N5 N1 j* {8 `3 g
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' F% E/ z6 A: ]case may be, was made in respect of those goods at the time they were accounted for under( H- ?6 `3 V$ D* l- M7 ^
subsection 32(1), (3) or (5);
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6 ], l- F; K: E5 X6 S" M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 ^8 ^- @$ d# s5 @" p: D, M) v, o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are" [. z0 k; p! i& m6 h2 `! i' U: l
accounted for under subsection 32(1), (3) or (5);9 a* m, Y. z7 O+ f5 R' S. W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, d2 U# u7 e! {& a4 m0 }! e5 W6 D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 m3 W ^& }6 a) h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% V# I" Y4 |- L3 L5 Avalue for duty in respect of the goods and the determination has not been the subject of a decision) u8 J. ]1 z G: e, z) R7 M: |% X
under any of sections 59 to 61;
4 v1 f$ T0 \+ \4 m(f) [not applicable to non-commercial goods];
3 l% y" l h. S; _, d6 G A(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 }) s( u* ]- B# O, Z( O t(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 n& u5 d3 S* |0 N2 r# w M
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& e* I9 m6 u$ F% V5 p6 ythis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 x' E; \6 L( d O
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 A4 F5 l8 _- P4 ?* y0 |unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 t$ }3 W1 T. B. j3 l& y
(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 V+ }$ u2 M: q Y% Q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in R, }! j; j1 |+ M0 y* \* t
respect of which the claim is made or otherwise verify the reason for the claim; and
: ?8 {% A" J3 ?" `3 {- L(b) an application for the refund, including such evidence in support of the application as may be
6 q* @ r5 q; P. lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
* z$ ?; O B* g3 Z9 rprescribed information within
: o+ c0 w- J! p(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, k4 T4 `2 h7 g! u6 @- for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) M" N7 e- }+ \5 O n/ u* v
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
m$ z4 Q8 { j0 X* n3 Gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 a4 |6 o0 N( C7 H6 E(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" v& o! k% q! [, x0 f+ y& t
this Act as if it were a re-determination under paragraph 59(1)(a) if6 e' ?( d# n/ U [
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; O" _3 e( q+ J- {% abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 S5 k/ w4 M+ A# veligible for preferential tariff treatment under a free trade agreement; or) z! w" _% Y, D' L5 X
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- N3 E; C" W$ v/ T8 y) J2 b1 a
because the origin, tariff classification or value for duty of the goods as claimed in the application is
& |. V4 J8 ?$ E# p/ x% W( I9 @incorrect.& d9 h F( G" E1 P( n- ~& e
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 L W2 X2 Z7 E( `6 h9 z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground1 N3 ] y+ o( V/ I3 w
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ E$ @& ~+ ]" \. |) ?8 p1 G7 v* \
were a re-determination under this Act of origin, tariff classification or value for duty.
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# t' V* z0 a, J7 n这到底是说可以还是不可以啊? |
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