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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
1 {; I+ v% Z2 ?4 c i U2 S. F ]上面说 非商业 进口 可以免关税?+ R( [7 [" P& @4 N9 o
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4 F7 w" h& t0 Chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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4 d, y1 c7 S2 o+ A6 m8 h* H: _Refund Requests
; w2 ]/ @6 h1 M% `+ W" w+ m2 o+ p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ y* I' d3 }: a$ lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 }, m/ O9 z9 h" p) l+ S- Dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 D9 k; J L8 I6 `" p5 S- w(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 ^! N) M6 L1 h; {$ g( j& S( { i$ |Canada to the time of release;9 o% [3 n. x# _' Y# `: y
(b) the quantity released is less than the quantity in respect of which duties were paid;+ Y& A5 j2 h4 q& x/ H, N! ?
(c) they are of a quality inferior to that in respect of which duties were paid;
0 w( j- Q) U; k- c& q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: ?7 k% E& _0 S2 L p! _/ s( v) n
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ X6 v% g& `, Xcase may be, was made in respect of those goods at the time they were accounted for under
) D6 w `( F/ J# osubsection 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, u! \) I% u( j3 v) J4 R
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; b( h" ~9 i3 C) T( [* z$ T! Caccounted for under subsection 32(1), (3) or (5);
4 k9 i" J+ Z+ ^$ a3 D. S) N1 m(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 y+ O3 R$ d- X' Y: g7 L(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 V5 z# `9 w5 c8 ]- ^" u3 {: p
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or# d) s% k+ U5 t0 D {
value for duty in respect of the goods and the determination has not been the subject of a decision. C# j( L/ q. S2 C9 [ i- C: { y1 D1 o
under any of sections 59 to 61;# p o" L3 v4 t& X; n. ?2 S; {
(f) [not applicable to non-commercial goods];
# o/ L5 d5 o/ z- p. L(g) the duties were overpaid or paid in error for any reason that may be prescribed.- ^6 T9 z+ P9 H ^5 [0 A& @8 V
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 O5 S6 u: @ y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! c8 F$ e( ~7 _, S
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ u# f, f; X- B* U* v. ](2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. `/ }5 w: a) S( S. ?' K6 F
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' j7 V+ d5 j0 ~. k: G' @(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 z$ y5 J( \+ L2 w( i) L! r* m(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 A1 Y- L9 y# r- O T
respect of which the claim is made or otherwise verify the reason for the claim; and
8 u% |: d5 U6 g$ |(b) an application for the refund, including such evidence in support of the application as may be$ U; I' f* `" L0 I
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) P, C9 S) ~5 W% }prescribed information within/ [6 H: U) T: m( `: e
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) @. {* y* Z& @! ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) i$ L. E+ M! a. i6 x$ ?
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' F% ~4 M3 ^* r& E, `( ?. d+ y6 P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( K5 P7 f# n# |* g# A
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of c/ p+ S7 u" ~: r s
this Act as if it were a re-determination under paragraph 59(1)(a) if
& Q4 D) y/ a* W9 v(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# N: }) y/ h8 q7 u+ }5 Sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 S0 Z& m6 M3 d5 d8 s: \
eligible for preferential tariff treatment under a free trade agreement; or8 C0 \; L) a: \/ [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# P. i) A7 h5 c# ]
because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ s* S4 v7 `' H- ?5 c [; nincorrect.
# n* i: e$ q z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' |9 W- f2 p: N* [" ~(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# ~# M" Z/ H' z" |/ } Qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: a7 J3 G4 @4 a' y$ H) {! Nwere a re-determination under this Act of origin, tariff classification or value for duty.
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