 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* F2 }5 Z# p9 w5 v
上面说 非商业 进口 可以免关税?
6 W T/ j; p o. V2 R9 k* L, V/ H/ {8 L3 `) i
# S; A L1 M% B4 j1 |0 T L) F, N O
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf) g# r) e, y5 G" Q, h
" E; y: `+ n& h! u2 _/ f
" S8 O. x, {+ E+ p- _ H' ]Refund Requests. O- Q1 `" ?+ G1 r
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, x" B7 |' L- o5 R8 Epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) n+ I9 `+ w% c% I* K1 R" q. Gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if* d$ ~4 i u- A" C" w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* a) \: T- X: N$ U2 oCanada to the time of release;6 Y+ a, `, {; J J- a% }
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 Q6 y8 c6 u3 F/ b3 N# G(c) they are of a quality inferior to that in respect of which duties were paid;
+ d5 U. B& K4 i: u( ^(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& V* Z# [8 I: \9 V( \) p* Z) J9 U: qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ S6 @ g! \- C( j6 ?! C9 acase may be, was made in respect of those goods at the time they were accounted for under
# I% @' `) {. Zsubsection 32(1), (3) or (5);' ^% y; x% B) L
3+ I0 f2 _$ P5 W: R. L
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ M; ?- h( e# Y) \. Y: c
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# R: S# X6 z5 s; a& D7 s; paccounted for under subsection 32(1), (3) or (5);+ l. v$ A3 a5 R2 `- n8 a& ?% {
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 T9 s' l* g4 g: c(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ q6 R; @8 V8 @/ G& N# s2 vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 h5 j5 v0 U! d% ?8 l6 k( {value for duty in respect of the goods and the determination has not been the subject of a decision
" C2 Z2 ]6 ~5 P% U. Lunder any of sections 59 to 61;
8 V s# p5 d! V& J6 r; z(f) [not applicable to non-commercial goods];
# U; J9 w( d. _& J(g) the duties were overpaid or paid in error for any reason that may be prescribed.
I7 v' g- H( u/ R* W& Z$ g(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# B3 E0 u- U; o7 B- Kon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( k; z, \ Q4 P; N
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). d' l" u& g8 Q: z4 e
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 d' ^. f, g' R3 U& ^unless written notice of the claim and the reason for it is given to an officer within the prescribed time.& ~# Z8 X# V9 u
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) S3 r9 T" f# Z/ J, \# N(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; T0 P( l3 J1 l9 v u2 O! ?6 E
respect of which the claim is made or otherwise verify the reason for the claim; and% {* X& p( G4 I4 U- p
(b) an application for the refund, including such evidence in support of the application as may be. x* E0 l5 I9 |8 E3 Y1 q- g" J& W9 R' v
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
" V: u5 i# c$ C p Pprescribed information within
# k8 q# w# ~2 C! M# H(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
I, u9 n }& B1 b tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 ~. w6 i3 a* O `2 [4 N
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
I4 d4 Z" n) e& ^were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 e% _5 B6 L) v* o3 [, W! R
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 F7 f: Q, [3 Z, S6 k/ U
this Act as if it were a re-determination under paragraph 59(1)(a) if
# L% ]/ Z: t9 v3 G' T! @! v% K9 N(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" T' z: j8 N u6 S) p0 Q" N9 L7 b* w
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 @ k* C" J3 F) T, N7 u
eligible for preferential tariff treatment under a free trade agreement; or: ?* L& B3 P7 ]2 z0 l
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 D% I$ g" q0 @; \
because the origin, tariff classification or value for duty of the goods as claimed in the application is6 I2 e; ^3 F$ r7 j d2 w
incorrect.
% t, D4 d* X0 N* Y8 E(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) h2 N `6 o5 |# b(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 A1 ^5 b0 Z$ I- V- S1 Y; Pother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& a$ o( \( n! p S/ B* c
were a re-determination under this Act of origin, tariff classification or value for duty.
% n0 G" w# m* G; F) X' q, D( P( o0 n1 V9 b. q. {
这到底是说可以还是不可以啊? |
|