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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* x1 c, D2 ?1 p% [3 G' E9 v: }上面说 非商业 进口 可以免关税?9 |8 d" p1 c- Y9 d
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
! X" y+ v; t) h/ J3 H74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! q; O+ k$ H6 h6 V& l$ hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% Z, Q F P# i& Q9 Aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 _, ]4 d% r d+ ~& H. y t(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# R( W5 e' R) g" ?$ d& CCanada to the time of release;
; ?! i1 H" U z(b) the quantity released is less than the quantity in respect of which duties were paid;
7 L! B3 Q/ R+ f. K(c) they are of a quality inferior to that in respect of which duties were paid;
$ _& D( K1 W* q; H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ k/ r) o2 ^ Q% D$ Y4 s/ h$ l
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& m% C! Q/ I! @% Zcase may be, was made in respect of those goods at the time they were accounted for under' N6 f& ?* U1 Q( k
subsection 32(1), (3) or (5);9 D; Q' P& N. k
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for P9 X0 A& a4 u
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are- c& {0 h$ X( Q, u" D+ k7 K
accounted for under subsection 32(1), (3) or (5);. d; C3 Y+ u# |4 _0 h
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 d, I' ~- M) F: U0 V
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 K5 r/ H* j5 x d( Q$ @of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; T* Y" ~3 j: ?8 S3 ^
value for duty in respect of the goods and the determination has not been the subject of a decision) ~- W/ E: m) y8 P* f5 V
under any of sections 59 to 61;
3 U/ H" ?# b7 g9 D(f) [not applicable to non-commercial goods];6 i7 m1 j8 u# Z( F! e$ w+ ~
(g) the duties were overpaid or paid in error for any reason that may be prescribed.( G E8 s) b6 k$ j. C
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, L9 n8 ~# L" P; G6 z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ x9 j; q! D0 t( W+ ythis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 ^$ z* F8 @7 O(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 w6 r$ ?) S- d4 J- u6 }3 t
unless written notice of the claim and the reason for it is given to an officer within the prescribed time. E! W ]. D4 ?8 S! }4 b5 ^
(3) No refund shall be granted under subsection (1) in respect of a claim unless! a) L' ~- E- |9 P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, e; Q* z: `1 }respect of which the claim is made or otherwise verify the reason for the claim; and9 O8 ^8 G! ?2 E
(b) an application for the refund, including such evidence in support of the application as may be( r# g" w! T4 L
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the u/ N$ u: l6 ?
prescribed information within
& ]1 I8 I; V1 `8 f(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& o$ N9 h r, X/ ~1 S
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" M# p7 L" H" }1 k3 O: G" D$ ` ]
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. m# T* J) |9 w/ K+ lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.- B6 F) o. d: v4 q5 d M; }- j" O- N9 R
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ D% f4 |% q: S% A3 v! `: g
this Act as if it were a re-determination under paragraph 59(1)(a) if* t9 k- M6 f g1 }! i3 Y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( P+ r7 Y7 n3 b% a4 Q
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 U3 f2 {" [5 x7 M- Jeligible for preferential tariff treatment under a free trade agreement; or
3 x" Y6 \7 t* i$ ]! W4 g(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ B3 e5 |' K. O' xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 L; u5 K1 |5 F
incorrect.
6 ]8 e% ]- D( | P2 n% I" [(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& O9 p5 u6 O7 T) C8 U3 n
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: g n8 V% _; L+ O4 |. f5 S
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
. g) k* D* j, F) f; `8 q4 D# ]7 rwere a re-determination under this Act of origin, tariff classification or value for duty.- A$ | c& ^9 b4 j
5 s5 B' Y& M6 s5 Z d这到底是说可以还是不可以啊? |
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