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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
5 Q0 b# }& f# m7 I4 b上面说 非商业 进口 可以免关税?5 w$ G$ a3 n- }4 \
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
+ P8 |; ~( }1 W# a# {5 N( K" A% i74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" t, b6 E* s' V4 C$ N1 Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part! P' z/ O! ?$ d1 _+ \8 O
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 u) m( g" U/ E+ l
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: a0 E1 ?. f* @# r( E9 F- e
Canada to the time of release;
; H' h4 @* c% J/ X- j! j# T(b) the quantity released is less than the quantity in respect of which duties were paid;
1 A3 q' o0 ]) B9 ^5 C8 i7 ^1 m(c) they are of a quality inferior to that in respect of which duties were paid;4 ?1 o4 c- H9 Z8 M; o8 C" J: L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 i8 t9 c% x4 Z/ O$ Ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ D: U* W4 y) E# e' icase may be, was made in respect of those goods at the time they were accounted for under1 T ?8 _2 y7 a
subsection 32(1), (3) or (5);2 E. K, H8 f/ @1 t
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* l& I6 P2 y7 d) B5 E5 [8 k' jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 R. `7 ^1 K" J
accounted for under subsection 32(1), (3) or (5);2 J+ o. H" e) [- D u v' ~1 ^5 N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ O) k% F3 T0 H* r' {# r! Q; J# e
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 K; |0 p! ~2 e/ a/ ~1 S+ A5 Fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 M' I6 u/ X4 Tvalue for duty in respect of the goods and the determination has not been the subject of a decision
' ?0 s+ `$ k& b- v z0 y" @7 S0 q9 ~under any of sections 59 to 61;
$ h: c0 I' B( d3 @(f) [not applicable to non-commercial goods];+ d3 k$ \' y4 u) z1 y, b9 |6 {; W- K; P
(g) the duties were overpaid or paid in error for any reason that may be prescribed.: F% m, X8 }; H$ }9 T
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ q9 ^6 G# H' Mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 n' ^) F f7 a6 c) J% j
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; Z% q0 N, I/ G P h& g5 u
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! g" U6 ?3 e% f$ B0 Y6 Y. `# h
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.# `# H, }4 c; s4 F
(3) No refund shall be granted under subsection (1) in respect of a claim unless6 M- Z3 l/ q* h8 V, n' j1 P, V8 _7 z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ b( V% M3 q/ k ?3 Y
respect of which the claim is made or otherwise verify the reason for the claim; and
3 \/ ]* c# l5 f2 J! Q(b) an application for the refund, including such evidence in support of the application as may be( W6 J3 h) I# ?- U
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 D, k0 C5 \& @! j: d V
prescribed information within
W1 i5 y. B5 t7 D3 ^" r- j(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 H# M& A2 g' d- ^+ g8 ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& Y9 O1 ~. M& _& A) _. I
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& z! o, H* o+ u2 c+ f/ N
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' ~6 y) D. U) U6 i
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, F& w$ l; K, }this Act as if it were a re-determination under paragraph 59(1)(a) if0 U1 f9 n0 L4 ?( ~( q1 k
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: A1 w! ^4 l6 m* O8 wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! _9 Z& j: Y% ~- W, w2 H0 Z
eligible for preferential tariff treatment under a free trade agreement; or
5 {/ }5 z9 q* |2 H(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ ?% g/ l) k9 k1 E9 k
because the origin, tariff classification or value for duty of the goods as claimed in the application is" B* d) d: ^& ?! y* C/ P
incorrect.
+ W) R+ i! T/ b/ I(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 F; O1 Y/ D& {: |! s(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" B. l) t. d: `( U8 Y: Lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& `: B; M9 a( i/ ~. _. d8 \4 w: Dwere a re-determination under this Act of origin, tariff classification or value for duty.4 D5 C3 p9 G( T0 w3 R
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这到底是说可以还是不可以啊? |
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