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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# A Q9 d& u+ ?4 F4 I+ e6 @; r& h
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests5 ~) t% W, {, T1 G, n
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" B. o% f; [7 c" {) Spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; j' I. I* K1 C% {& K! [
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% ~7 d0 Y, d9 J( m J, M, a, D(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
/ `/ _6 {& W; FCanada to the time of release;: K0 ]- M: v) r) J+ u6 q: N4 R
(b) the quantity released is less than the quantity in respect of which duties were paid;
" H- s/ K6 o& E$ ?9 o) h(c) they are of a quality inferior to that in respect of which duties were paid;/ y6 d; K; e- @: C4 w/ r% X- t1 O
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" }- ~, s! [% c% W% P# itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
9 @: ^5 z3 T4 i& i9 rcase may be, was made in respect of those goods at the time they were accounted for under
0 h, L6 Z" O( isubsection 32(1), (3) or (5);0 F6 g4 Y: u0 ]4 T2 W
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. C# ]. u, W' W2 Z; z+ a ]9 k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' x5 i# A, L- G+ z- \
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. g1 h; Z+ \1 c1 u, d$ t! K$ z! y, Qaccounted for under subsection 32(1), (3) or (5);
3 M$ E# E/ W7 s7 c4 r7 n/ ?(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ Q, V0 m0 v# q- X" k& w
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) d. Y* `' n7 X/ t
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! d/ c$ }& A# l
value for duty in respect of the goods and the determination has not been the subject of a decision7 l* \9 J3 F2 c5 E( A1 C
under any of sections 59 to 61;. M3 {1 b& y% b0 ]5 o8 A/ g3 `6 F
(f) [not applicable to non-commercial goods];
4 ~; V6 N) Y9 G V/ s- h(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( F% N5 C5 n: g2 X3 n# a5 C(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based& s3 R- k2 X- }4 j; r2 s. ]. o) B/ r
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of' x; [/ `/ J5 P& x8 j
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 t, _% \- `1 F/ ~3 Q$ T" @(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 x/ O3 _5 g. z5 ?( R1 @) q% q ]
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 u$ X* n. k. z/ [(3) No refund shall be granted under subsection (1) in respect of a claim unless# T/ x) w5 q7 z0 w( f% G
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 K- m! T! z' c0 n M! I! Mrespect of which the claim is made or otherwise verify the reason for the claim; and
* |' [% @$ s/ Q+ c: W$ J(b) an application for the refund, including such evidence in support of the application as may be
- @/ }8 ?0 ^% D# J/ ?$ N2 Uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( q8 w; l2 e0 A2 C2 f+ L
prescribed information within2 f4 V8 c) Z- z1 g6 a
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
* q* S Y* B1 A+ P3 kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, L& p3 [# H9 U# J+ A3 b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 J8 s! W0 z* Qwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. K. C d) y9 b2 |(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& T8 H( @7 n& j7 n, W& hthis Act as if it were a re-determination under paragraph 59(1)(a) if: p: y3 z6 d' Q4 P5 r% i# G
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 s1 Y; |" U' G* ?) i8 P% [+ l U
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not. g3 @+ v$ p$ E4 ?
eligible for preferential tariff treatment under a free trade agreement; or. D1 [: {; n7 D3 d3 p( K
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ s' U" t/ S3 f- l! W q" T
because the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! x2 f/ E% w! Q4 L% z* w(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 r5 i' c& M6 i, e2 J( z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, r8 t @5 o2 W- W/ E# M0 \) N
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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