 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 J' s/ j. @ `; Q) D' w
上面说 非商业 进口 可以免关税?6 g9 A3 T% t% \ ^- n2 R
' L: r* M: @! z8 u: ^, I' e
3 w0 d6 ]5 o( B# I5 ^9 |
5 p9 ]/ G9 D3 V+ y D& xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
/ P7 r/ c; E- J" S& \
& o. h& q( g0 l, A" m+ e) u- I+ I/ y8 L6 X/ n$ u# K( }+ z
Refund Requests
$ J" ? W1 \5 T/ G8 M4 p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# d7 r% \4 }, O# }8 L r8 A% l
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; E. ^( V# t9 u9 }8 q" d
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( ~* w2 ^, O% u" H. S
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 T5 C5 [) q7 a+ _+ g( cCanada to the time of release;! V g2 }7 O- x) }- _' b+ b
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 L2 F# Q$ ` _1 c4 M. f(c) they are of a quality inferior to that in respect of which duties were paid;
' `2 S0 Y% d- X% t. I) X$ j' s(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& Y- L, i# q$ }) v4 V9 b8 Q% B
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 c7 s& R# E7 f5 r/ }3 z! L, K, s
case may be, was made in respect of those goods at the time they were accounted for under: i3 a% r o) L( U$ x, ]; M
subsection 32(1), (3) or (5);
1 Y% W1 x; g' X& O: e3" s0 O5 A S8 n
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; [+ Q! }5 `6 a# [3 Z) Y( Mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" r; Z/ X, {" K0 gaccounted for under subsection 32(1), (3) or (5);
- L% T) t" Q$ ?" E7 ?6 R8 n(d) the calculation of duties owing was based on a clerical, typographical or similar error;* M B2 T3 B( n# o
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& j2 n4 u+ C, @( |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ t. d9 H1 q* O: e( N8 u. e
value for duty in respect of the goods and the determination has not been the subject of a decision. s8 T) B4 X1 x) y- Z2 f
under any of sections 59 to 61;
8 E6 [6 B/ R( C) T(f) [not applicable to non-commercial goods];
$ c7 B* C; b0 ^: q! R6 C(g) the duties were overpaid or paid in error for any reason that may be prescribed.! s }/ L# W4 z3 W: z4 o; Q$ u( Q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. C! z5 [( Y! }" T7 K2 g
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( K$ x: W- n6 Q* L% {, j- G% R
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: _7 L0 J q+ ]. s: Q7 t(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% \' r' m$ |" Q$ _. F. G! x
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ H w* n! X0 b0 N(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 z" Z2 s3 W& n1 Q9 M) M" J6 K(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 x0 S8 m9 O3 t" G" @
respect of which the claim is made or otherwise verify the reason for the claim; and
# d0 r2 d+ k5 `. _ I% k! Q$ a(b) an application for the refund, including such evidence in support of the application as may be( ]: Z7 r/ D9 I8 Y; f) _9 H
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 a" _1 _0 {9 a( k1 c9 o
prescribed information within1 i+ ^+ ^& e: ]# `' X c- ~9 [
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' U ~, g" v8 k
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* {, ]0 L t* k" Y; i$ ]2 r2 F(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& I' I$ {' O% w# F/ D
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, C% o6 t! _7 p' u5 c1 h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
3 ~1 A$ z6 b( I# ^0 A: xthis Act as if it were a re-determination under paragraph 59(1)(a) if# A# m3 d+ o! z; U- h4 b
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 J8 L9 h; C1 W# D. G- nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! R @& h' W$ W' A& Z2 o# f
eligible for preferential tariff treatment under a free trade agreement; or) m4 B6 d4 h4 m y! J1 i; t
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! m5 B7 w" e5 E0 I2 \, z* mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is: U# t' N! E" v; n. Y
incorrect.
+ c$ z' E5 j/ e0 T" v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),3 _, B& k- }: e2 m$ E4 P9 D$ U, _
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 P1 P; E6 K9 y
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% C8 c2 R6 y2 S+ f
were a re-determination under this Act of origin, tariff classification or value for duty.$ _/ t8 f* u' [ f/ C+ h0 q& a
/ ~+ _/ z- T0 j$ M6 e- P8 M3 B
这到底是说可以还是不可以啊? |
|