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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ @( L& E0 K& U% w上面说 非商业 进口 可以免关税?
5 y9 a3 w9 L- _0 Z7 \" o2 u1 S1 `! X
6 i9 W h: w+ @0 ?- T6 M
; g8 t: H$ d9 |+ o
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' l4 ^ o. U# w! M1 o* u. r
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7 a2 _* M3 g8 {; F3 K3 m' aRefund Requests, T: b- A. X/ ^7 [5 n
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# p( m5 e [- r/ o8 h( @6 K* z
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 g. n9 @- H" H6 z& k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ L& L$ ?5 K! w+ A6 t
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, G9 D' f) R9 Z6 \Canada to the time of release;
& x& f. Y" c7 c0 ~9 e7 w6 `(b) the quantity released is less than the quantity in respect of which duties were paid;3 Z c& f3 z) S0 Y9 w9 O1 M
(c) they are of a quality inferior to that in respect of which duties were paid;
! Q8 r0 i1 p7 m# P(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# e& P; `. V, ^0 P( G
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 u: u1 i' ^7 H" R# v' X# v ^% T. `case may be, was made in respect of those goods at the time they were accounted for under u3 q! i3 B7 V0 |* ]
subsection 32(1), (3) or (5);- J3 X9 z1 K* q
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# Y$ _! h7 b% ~1 G. d(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- c7 C S' Y. m0 d' C1 Fpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 _: _$ x4 v. G% r6 k9 D% |
accounted for under subsection 32(1), (3) or (5);
3 a5 I4 Q% D& J B: I r/ v(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( F. Y2 n$ w/ b(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& T4 j; X# D& k" E0 n4 zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
y% Q2 b W4 Uvalue for duty in respect of the goods and the determination has not been the subject of a decision! G. o! Q9 Z3 ^" u/ a7 S: N
under any of sections 59 to 61;
" Q; J/ z1 j% n3 D/ n& R(f) [not applicable to non-commercial goods];) k; W% ^* T" o1 f" j* c3 J2 R8 z( L
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 P$ e4 S! O5 j# m8 [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! b; y8 i: L1 M7 c5 P; n7 y8 ]6 `on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
# A6 b( W/ p+ \$ a/ p3 N7 {/ wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ R: t1 }. I. X+ r( H7 ^8 }$ B- a% C
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 h% D6 D. K4 L( P4 _* t, @1 uunless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 T8 H& |# q7 M+ H, v
(3) No refund shall be granted under subsection (1) in respect of a claim unless1 q, h4 u6 d, Z; \
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 L$ n) v+ }& N# ~respect of which the claim is made or otherwise verify the reason for the claim; and' T3 @/ d' L) g- j
(b) an application for the refund, including such evidence in support of the application as may be
) G. z' T, ~1 J6 G1 }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
/ c! M( m8 N+ q. [0 {prescribed information within
/ U) F: R$ x% p4 N, ~ J(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! n: y: ?( _$ m- M4 mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 a# F0 ~' r( K
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 A4 y/ j4 j9 a; ^; W/ ]5 u5 F$ Kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; |7 {3 r. |: M) `0 d5 [+ Z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
_! \) R2 I8 Xthis Act as if it were a re-determination under paragraph 59(1)(a) if
8 w) B; R- {) C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. r/ B$ u. c% ^because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# {8 P" B. D3 S) f- Meligible for preferential tariff treatment under a free trade agreement; or# M% p4 `" t) j5 E$ X& N- b: P$ n
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 k/ u8 M5 q- O& d4 K: M" i
because the origin, tariff classification or value for duty of the goods as claimed in the application is
3 `! ^ P: L6 M2 w$ Dincorrect.
- Q9 G1 N- O3 r2 e. S1 I4 e3 h5 @(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," }6 h5 k: i5 H% @- Z$ F: g9 m5 q0 S! f
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! C3 [- {8 ~4 c. b; Q3 U1 O1 D" _other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) M1 l2 d' s7 y
were a re-determination under this Act of origin, tariff classification or value for duty.. J5 b* U' l; K, u$ D" [7 Q6 }8 D
; T2 s# j4 O" u2 ~. v这到底是说可以还是不可以啊? |
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