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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations7 y" F9 v4 }! q+ A' n1 |% G
上面说 非商业 进口 可以免关税?
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1 W( R+ n5 g; ]* x3 q+ Y. x6 H; s7 vhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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- [! F* E6 U/ K& R5 rRefund Requests/ b" B0 J5 F$ H+ f+ J
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! w) z* J- w' N2 Q7 ?paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 q& |; q- n5 q* {6 t2 p) q4 c
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: K' u$ v1 ?- ]2 m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 J! l" {1 p- A/ J: vCanada to the time of release;, K% A( F# i! [# I8 e o3 E
(b) the quantity released is less than the quantity in respect of which duties were paid;2 ?* f$ _! E) F1 w K' ?3 v
(c) they are of a quality inferior to that in respect of which duties were paid;' `+ N8 Y- U" G7 A7 U" ?' s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: b# a! L/ H2 h7 f8 w( r8 ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 K. E! e! Y2 }* v& e; }
case may be, was made in respect of those goods at the time they were accounted for under; ^- K& F8 U- U
subsection 32(1), (3) or (5);
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% k* m' x$ {' F) e( K(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 y6 A4 n3 T1 q' ~$ C) bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ C; `6 c+ }2 s8 M ?* [
accounted for under subsection 32(1), (3) or (5);# x9 P0 E7 M) B q0 ?& \' Y" P
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 L; V0 N3 v% ](e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
/ o4 e. X: D& F+ X" y- xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- R: b1 p( s- A& w- Pvalue for duty in respect of the goods and the determination has not been the subject of a decision% T8 [" E* `6 b
under any of sections 59 to 61;
+ l8 J/ @( N# K. ?4 g/ ](f) [not applicable to non-commercial goods];+ f) Q3 L' G6 j2 ?7 w: s. w
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) ]/ N- I2 q* T/ R3 R(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 |, t+ c: l B* e. B
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of, a( _0 o. k, b0 @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* K; R0 [7 G3 P( r(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% G5 q9 Z( V9 Q, munless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( f+ m* q2 w3 b4 c(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 i6 a4 g2 \# H% @' P B+ k(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- o0 B. M( Y, c8 ]3 p' y. D
respect of which the claim is made or otherwise verify the reason for the claim; and! t: n ^ G- e5 l9 V7 r
(b) an application for the refund, including such evidence in support of the application as may be
( e6 G' m. n: v% }, Z, V! L" g, }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
9 \6 G+ L/ Z }6 T( kprescribed information within, j/ _2 W# D; D/ t; L0 u6 B
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 h" S. Q% H9 ~: I: y/ }or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 Q' o/ n& L x; u
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& B4 W- R& F- z+ g# uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
4 M5 L) E$ V) N5 O4 Q: y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 N. \ q9 o3 D6 A3 b' ]9 m e* X' ]this Act as if it were a re-determination under paragraph 59(1)(a) if3 j9 s8 A8 t9 A4 @6 Q; O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ X/ j5 O5 u1 qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 }& ^6 r$ c. V: J) o* Z, Jeligible for preferential tariff treatment under a free trade agreement; or& }! y' _: A: g% O4 b
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 }, V9 f) E; j% Z* ~+ lbecause the origin, tariff classification or value for duty of the goods as claimed in the application is9 l. E- s9 Z4 ?1 r' t
incorrect.
! a9 p0 \$ J6 |9 \! G6 u(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) j) L. D! I8 O
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 |' ~% o1 ~1 a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 k4 r4 _8 J$ F6 {5 G3 G# e, Twere a re-determination under this Act of origin, tariff classification or value for duty.5 Y$ a, b( H3 Z& ~1 e1 X
! b5 P& h) X5 d+ M9 P这到底是说可以还是不可以啊? |
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