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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
1 j3 U* d7 i8 ^. ?2 L+ b上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf) s4 o7 _% Y9 u; V% R3 `# s% ~, g; y
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Refund Requests
, z U6 n5 ~- `5 k74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ w: D! P% ^6 _1 Z( c
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& i" f" P) W3 K; m9 E' B
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) }+ {7 ~ V/ J8 M4 R' _
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 ]2 a6 X; o1 R+ Y# lCanada to the time of release;7 U8 V6 q) z. h4 l
(b) the quantity released is less than the quantity in respect of which duties were paid;
, Y8 V. }2 {3 } O, @(c) they are of a quality inferior to that in respect of which duties were paid;3 w6 R$ i8 b0 c/ g- Q& `
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 ?. h( o& v9 x, Y) D$ ^tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ e9 }& M8 O9 vcase may be, was made in respect of those goods at the time they were accounted for under6 J9 g4 U% H) r1 n6 F, Q
subsection 32(1), (3) or (5);0 K8 x4 b' d- p9 c8 ?2 ]
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 i# ^& H4 [8 Rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are( v& S n/ D1 k+ E6 S
accounted for under subsection 32(1), (3) or (5);
6 `/ C5 W, r' A; R, d9 ~- O(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( K! M, t/ e# f. R(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 j% I$ q0 X* D% b) k( zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 I) p7 m" s6 ?
value for duty in respect of the goods and the determination has not been the subject of a decision9 ?7 {$ c/ T; j" h; q, x* ]2 J
under any of sections 59 to 61;
+ a, j0 {$ P$ D) @" A( S2 {+ ~( f(f) [not applicable to non-commercial goods];
( d" A/ s: v5 `+ M. H1 G5 R4 X0 C(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% e( V6 b& B( l! q$ g' R(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 P' L" ]5 } y& p8 e' f% ]& K% c! ~on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 A H4 q- l/ _. j( kthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 a) M# F4 a8 h" {4 [(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 v/ \2 O3 W4 k. \. \4 A$ I( |
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.: M7 S+ _& I/ I, ^
(3) No refund shall be granted under subsection (1) in respect of a claim unless8 I6 m& k+ o' o! A+ @# N1 V
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- X! B8 j7 ^; v
respect of which the claim is made or otherwise verify the reason for the claim; and7 u1 H) f* Q8 H0 X4 l! r! l9 q
(b) an application for the refund, including such evidence in support of the application as may be
+ P/ W1 _3 A8 Y; T" p. I8 dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% |6 \$ m7 ?$ |, dprescribed information within
7 m5 l7 e. u9 z6 O9 N3 v& Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! D9 D; v0 j3 por (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% ~/ Q) r7 Q: k7 i) G(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; x9 i4 ?4 Y; {/ \6 w) F
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% e6 A# C: y. f; [% Q% c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. n$ G; n& r: |9 p
this Act as if it were a re-determination under paragraph 59(1)(a) if; c2 L# f1 w; b& G4 c: F$ I
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 Y# Z% G) T% g
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! T; L7 r$ e/ {# G5 t9 D- e6 F
eligible for preferential tariff treatment under a free trade agreement; or K: t/ t1 q; r/ l; Q* E
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: f. @8 o6 N# y! r& y; _8 O! E4 [because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 v I+ D1 j U( D8 y6 B' B: G) Wincorrect.
! d1 n( L+ s$ }2 d(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; X/ U( ^8 u4 ~1 g5 T(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 }1 A. h1 I$ S1 p9 Dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 L c* b; L; V' O* y3 T+ ^were a re-determination under this Act of origin, tariff classification or value for duty.
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+ ^8 |2 u5 j, w2 f这到底是说可以还是不可以啊? |
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