 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: M! D3 R( X: Y8 Q3 |3 \
上面说 非商业 进口 可以免关税?
U% I5 ~" R" O5 u' v# `7 E: L" O l
4 c( h+ ^1 G- V+ e$ f! X% h, c: }" }. k9 @6 x2 k+ ^
9 |8 @$ _$ Y( b" n2 C1 z" P R
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
6 }4 g" }" d! y
% X" d3 c1 k! J7 K, s% V
: J2 x4 X. s' t+ i) y" uRefund Requests
/ K1 A; r: e- g: s74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
q* l9 L* e, rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# O6 p0 @! l1 x, O" w! N
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 ~3 v: v3 e, K B/ I0 t(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: g O4 T# f) D! f, C* b2 S, V
Canada to the time of release;
9 J% P4 m; C4 ^4 V! M$ f. ^(b) the quantity released is less than the quantity in respect of which duties were paid;' _+ v$ L [) |
(c) they are of a quality inferior to that in respect of which duties were paid;
4 R4 W$ V% j9 v. v& B# b5 N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" \+ \/ A, ^* c9 ~1 o5 |: }! h
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) \* i: A# H( b5 r" A
case may be, was made in respect of those goods at the time they were accounted for under
* e" q" S: S0 f }3 Q' \subsection 32(1), (3) or (5);
7 }8 e% G9 T3 O3
9 b0 A! c9 [5 N/ k& s- B$ b5 g(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 N2 f) f8 C$ o0 S* x' d8 Q. Bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 m0 a- v- A0 L) o/ j0 u8 J
accounted for under subsection 32(1), (3) or (5);6 J3 X t( |4 I
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: V+ ]/ r8 _: e# ~' d' k6 V n& L(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 g* s% l, D3 ~/ y; O
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% v* E* S# _( Dvalue for duty in respect of the goods and the determination has not been the subject of a decision
. A0 @& g5 L5 ]) u: P Cunder any of sections 59 to 61;7 X9 _" a# ~9 j
(f) [not applicable to non-commercial goods];: t8 b0 y5 R) S4 g; u) I p
(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 A7 d4 s# c- D/ d2 Y2 R3 B/ F; O
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
i0 K( I3 w1 W! _1 p! a( ?on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 P: u/ d8 z& n4 K* M: p" ?" a
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 e# E% ~. ]/ m" F3 w* d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 j: P9 E6 L& U0 N9 R" w, U8 dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* v, q; ]1 b# U' G$ ~# F! i(3) No refund shall be granted under subsection (1) in respect of a claim unless$ t. J: k$ L8 k( g
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) W a8 l/ L- v, U
respect of which the claim is made or otherwise verify the reason for the claim; and
8 ^# z3 H& a+ ]9 ](b) an application for the refund, including such evidence in support of the application as may be
% \3 @% l7 J) r! K% mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% S$ ^% x2 L" |
prescribed information within4 T5 @6 ]" Q! E
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 E' R0 Q3 p. s5 Dor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 x# e6 G5 q7 P, J& k8 w
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
1 d1 p4 d/ R: _- C) y2 Uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 {$ V9 \3 q& l7 u' n. Q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of) q) n9 C* X- H6 N$ j$ N: j$ c
this Act as if it were a re-determination under paragraph 59(1)(a) if5 a, i6 J. ^# r2 P; j
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, Y3 C/ ?# f- v4 Q F9 nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! o8 @1 c+ t/ |5 U E
eligible for preferential tariff treatment under a free trade agreement; or, ^! G6 D( \% D7 f6 V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 L0 V. w3 Y5 i1 q
because the origin, tariff classification or value for duty of the goods as claimed in the application is! ~! Y% G: D$ q
incorrect.0 a/ M% d2 Z, t+ g0 k
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 o6 {3 o6 q, E' e& |1 K. K(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! \9 ]# q' e b; i' n+ J: j6 M
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 |9 u- {6 ]2 K- @ rwere a re-determination under this Act of origin, tariff classification or value for duty.
* I; k( w n& ~5 |+ w& N2 S8 G
/ v Z$ ?$ K/ r这到底是说可以还是不可以啊? |
|