 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ F( C& d4 p* O9 a2 A" Y. w/ g9 }3 \: S上面说 非商业 进口 可以免关税?
& n; E( F Z9 I# p
, l. X; v6 n/ p( l3 E/ H* u I* b- W7 O8 N" z8 F! u9 |0 f
: o5 S7 t7 D" Y3 F: c
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ _/ p" g1 q! |4 t) y
# G' U& W6 P. n/ c
+ a: P$ u* F! m) pRefund Requests/ A1 J- R {7 K" y7 L& j
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 E$ M$ v" `4 |5 dpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part ~( b4 a/ K" N5 a1 [& U1 j, x9 X2 e
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% M1 X3 o/ y H8 i(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% a! F8 A# s# K& v+ lCanada to the time of release;
( W' k5 }0 [3 g( A% U( s( ^(b) the quantity released is less than the quantity in respect of which duties were paid;
4 d% S5 H5 c: A4 G* [(c) they are of a quality inferior to that in respect of which duties were paid;
" ?$ Q: ?- H( b! Y$ T(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 i) G$ Q( z& w
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; a& Q3 o! w: Zcase may be, was made in respect of those goods at the time they were accounted for under
5 m& o) `" B; F6 L# dsubsection 32(1), (3) or (5);
# t! {! O9 L: x8 V. R) Z3. e) W$ p6 m* i2 q5 R
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 g% z, e, V- j' ]$ R' M: J
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 D2 K! c: k8 {7 R
accounted for under subsection 32(1), (3) or (5);
1 l }1 G7 e6 x) y% X9 t l(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 c1 S9 H T4 E2 [(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( I8 S0 D* r. q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ c1 p0 k1 c% Ivalue for duty in respect of the goods and the determination has not been the subject of a decision+ [% g9 k$ q, j4 l, R+ ?! L5 F2 G
under any of sections 59 to 61;4 X) P4 l+ Y" O( {" _% Z
(f) [not applicable to non-commercial goods];. ?3 |/ F. {) N; }$ T8 S5 d# N
(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 e! i* k* ^) h* _
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) o9 i6 u1 g% X2 Z) f- K) u" O1 A
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) Z2 j$ v8 e3 `# n; k) T$ Dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! t7 n. m6 j7 H9 V: u, A(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- C9 W- ]& D* S
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 ^2 d2 W; S& }* k6 z# B(3) No refund shall be granted under subsection (1) in respect of a claim unless; J+ o2 E; J/ \4 k$ }
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( \8 M' \" `" V" Q4 v! Rrespect of which the claim is made or otherwise verify the reason for the claim; and
: Y' I+ A& ?2 j9 m& O: p; W(b) an application for the refund, including such evidence in support of the application as may be! w# ~! {$ Z) |- p' [, H7 Y x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 X. ^ d' R) |" d8 F
prescribed information within
% y9 {; ]' C9 s' _* d- `3 A(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 P* |( \8 m3 Wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) ?6 R, n8 u1 p2 T- n# `) G
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# J- s* [+ N) I% Y/ ]were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 P" D6 p2 P7 x: ]! h- a
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 r+ w; a q+ \' zthis Act as if it were a re-determination under paragraph 59(1)(a) if
' V( Q4 l/ M! r(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, D$ ~/ e$ X# `/ Wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 M4 l" W0 E$ S* d9 U
eligible for preferential tariff treatment under a free trade agreement; or
: Y* R' N: x& B: U* @. p: }: p(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& d. X5 w& c* Y+ z
because the origin, tariff classification or value for duty of the goods as claimed in the application is
; I2 T4 D4 _ ]7 u( {1 R3 Q8 Y& C9 @incorrect.
! f" p0 s+ Z1 i5 Q- J(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) D7 H0 _8 _9 n. Q; ~3 G3 ] O(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 G) q2 A+ W, H1 n& V9 S& d/ O" o
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, X: Z4 f/ \( P {
were a re-determination under this Act of origin, tariff classification or value for duty.
6 j! V, c) l2 u$ ~
5 V2 C( p2 V, f这到底是说可以还是不可以啊? |
|