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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 f6 D3 F1 ]# e; ~8 V0 J" n; H3 A上面说 非商业 进口 可以免关税?# O: {8 [ j) P% `
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( ?2 S# O; K# y
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5 G8 x4 E# t# P# `! ^2 y! X1 ^7 mRefund Requests
3 N0 \: A# W# K) B74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! {( {% s9 x; R8 N ~7 ^# Q) tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; z6 \5 e: x4 F6 j4 {* r
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% a R5 n4 Y1 Z( F) `* G+ p: {, t(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) j, o8 {. e% z, QCanada to the time of release;- j- ]7 k" f, z+ l
(b) the quantity released is less than the quantity in respect of which duties were paid;
& P8 \6 y) M% A: ?(c) they are of a quality inferior to that in respect of which duties were paid;; p$ | H7 c. k v* ^' Y+ ~5 b, m
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ W0 I! C. |* Dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; T s' B4 T2 }: ]' Jcase may be, was made in respect of those goods at the time they were accounted for under
- d" u; X _' D$ |- h; j0 lsubsection 32(1), (3) or (5);) j4 A/ ?+ |" c" j0 m
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' @7 f$ h( m* V7 l(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. T7 O( h1 r3 R- e7 gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are }; r! u. [5 L
accounted for under subsection 32(1), (3) or (5);
* J# {- } b6 Y. K2 g' P(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 w; }1 S: `7 Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( z, M3 A7 S+ T& Xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% V6 z! P$ X W
value for duty in respect of the goods and the determination has not been the subject of a decision
8 p1 D6 f i! l- F$ {+ J Hunder any of sections 59 to 61;1 h+ a' ], Y5 B# \
(f) [not applicable to non-commercial goods];
8 U1 `8 _' {, d/ f( L! }( }(g) the duties were overpaid or paid in error for any reason that may be prescribed.: w5 ?7 ]! g2 B
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: S/ E* a" K1 ~8 X; j) m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 d7 t2 R3 t1 N& J
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 n. \# E' z# f4 N3 J$ @5 Z; K
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ \9 [- f$ C" }7 E
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
j3 v {; z1 d. [3 b" n/ H: z(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 b- Y1 p2 ?" Y9 P x(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( M0 d+ o9 @" m" I8 A+ X
respect of which the claim is made or otherwise verify the reason for the claim; and
9 \2 g5 M7 e( Y, s(b) an application for the refund, including such evidence in support of the application as may be3 r. M, g- W# k1 ^9 B: N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 L+ n$ ?) K" l% O1 x2 Z4 o; L5 Oprescribed information within
9 o e3 x0 C- G0 a(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) ]; w$ I+ f0 H8 L( d( _or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 l9 s% Q8 u4 n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 ^5 A9 @5 v4 v4 J. ~4 Z; ^& I
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# x2 M& M' t1 F
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
9 O9 h, W6 r- t" q3 q0 F' p9 xthis Act as if it were a re-determination under paragraph 59(1)(a) if, D7 h! |' s9 H; C, e
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% W# ? p2 ?: l7 O1 k1 y; obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not k$ X7 [5 n+ O' U& {" W p2 B
eligible for preferential tariff treatment under a free trade agreement; or) \* E! s Z Z
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ g7 [9 L0 a1 Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is
9 z2 o& c& t; }' Oincorrect.- O: L- t! W- u4 F- _8 G- T
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; s4 t. |' r8 S+ ~' d! U' J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
$ K$ ]3 v- c* U) t) [$ lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: T- Z4 X- v$ ~4 }4 b9 h0 `/ Rwere a re-determination under this Act of origin, tariff classification or value for duty.
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