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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 [$ M+ c+ W0 `7 x' F
上面说 非商业 进口 可以免关税?
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; A3 n6 m' T h- a7 f, \2 ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf4 ?) @& d7 s" v' W6 D. ?
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z6 W( R: Y" F8 l- @Refund Requests
+ L/ E s. A( X: B3 U* A; O74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! G) Y3 D9 T7 @. A. s4 a V
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 y3 i3 X- A0 _& x9 J! Lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if) W* R k( Q1 D4 ?. R9 f5 {
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
" {6 M. @' B7 T; [2 ^6 @Canada to the time of release;8 o- Z% V8 I" f. J9 q- _$ V: C
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ u& R3 `( G \: W8 d(c) they are of a quality inferior to that in respect of which duties were paid;2 B6 ]% s2 A8 P w3 W3 T- j
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 V0 V& B8 L4 K' }1 c9 X; \) d. \
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( w# j! d4 r6 [9 k; B* g N9 jcase may be, was made in respect of those goods at the time they were accounted for under4 @; D8 l( v( H7 ^) Y! ]- H
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( e* r, f# m* k- o' V( A
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; f5 G0 ]! N; Xaccounted for under subsection 32(1), (3) or (5);
1 ^4 ?2 k% k) {' F6 r(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 u$ i9 b/ k# Y) U" E(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* q# {9 l% e! s1 E. w$ G/ e
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 U; K: l! ]; q# u: B2 Z* g* H$ Gvalue for duty in respect of the goods and the determination has not been the subject of a decision
$ W, o, W4 I/ B6 P( D( e- X* Y: W1 ]under any of sections 59 to 61;
$ A l s# s) e(f) [not applicable to non-commercial goods];4 ~& d$ _- }6 w+ S# G \
(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 q$ i+ J4 [9 ^+ Z$ H
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* X! e; d5 a" s
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# K6 J; k! D9 E* F
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 K7 T3 x+ _1 Q/ W; A(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 [, z( B. f/ L" f g- xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 E) k3 r( z$ j/ r( n* r# s: K
(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ z8 f' }, M7 \# X7 p- [(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) x; f" S& u8 E* T6 d
respect of which the claim is made or otherwise verify the reason for the claim; and. K6 g' v% x7 Y7 F$ c' C" M
(b) an application for the refund, including such evidence in support of the application as may be
3 K3 a, `' D8 k" \prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& p* \2 v/ a( \* B1 a* eprescribed information within
0 {+ R9 \ q1 i; { ?3 K7 n(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! k1 E% f2 ?6 P6 c& |or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 J, r$ f' I: g6 o(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ ?& _) i; s1 _2 U# l' p' {1 Swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) ^4 j- x: Y$ ^6 Q8 X(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& X" j8 M/ u# F6 V* Q
this Act as if it were a re-determination under paragraph 59(1)(a) if/ S- y4 `4 t* r+ C6 r q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# g& i6 m+ Y, N
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 X" _1 U/ H/ m; w \eligible for preferential tariff treatment under a free trade agreement; or, i) _8 }' Z' R/ X8 `9 }6 W/ [! e f
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 j+ Q8 ^" b* S; j- S3 ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is8 P3 V0 n+ R% J/ @! U, E' a
incorrect.6 o( Y; H( r$ @- V1 o
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; D4 S' N6 T8 a; o# ?(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 Y- c, K }! b5 C1 _4 K1 \other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 q- o( R8 x$ n$ `, X: b6 x
were a re-determination under this Act of origin, tariff classification or value for duty.& D* p# z+ |( p5 A: {
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这到底是说可以还是不可以啊? |
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