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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( {3 P7 d5 [$ j: X
上面说 非商业 进口 可以免关税?
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2 e. V7 C- E+ ^' R0 `! n! \1 J Y nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
9 ^3 T$ L: e* E6 D) F! S- w1 @2 ^, x74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 W: A8 ~( ?( e' g' A+ V; t
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 ]. Q. n K3 Lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 d7 r& m9 U$ e) c
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, t8 z" K, S9 x$ K( w7 g6 D/ y$ HCanada to the time of release;
$ H) [! B/ J( }% c* ^(b) the quantity released is less than the quantity in respect of which duties were paid;5 e7 w& @3 }, S+ M
(c) they are of a quality inferior to that in respect of which duties were paid;' i6 N. s" ^ F* [. s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ l3 [! J% l, P; atariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the [& m- F/ ]- |% D
case may be, was made in respect of those goods at the time they were accounted for under% o: Z3 P# Q( t2 ^
subsection 32(1), (3) or (5);; ?$ J2 V+ y! w
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 d+ _9 `' m! A3 |' R7 ~preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 F& u0 O/ ?, f3 {$ M
accounted for under subsection 32(1), (3) or (5);. G4 V; F- Y, Q2 f4 \8 u' e( j4 Q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;! C2 R/ S8 E/ R- M3 Y r
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2): J* E+ h- @9 Q' ^. z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# ]7 T- ~' c% Tvalue for duty in respect of the goods and the determination has not been the subject of a decision
/ p$ G& D: e# d+ Ounder any of sections 59 to 61;1 d: ]/ l) n7 b$ H$ A( d6 |
(f) [not applicable to non-commercial goods];* p. K6 }! N# T
(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 H4 s) K, P; X* }; U- K' m' \0 o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based& M" |. n; Q! A% X# z% y, b
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 i/ ]7 e& @4 p$ T0 z) ~
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 k# [3 B1 q- L: J* u" W
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) e3 g& ]1 a' D+ E
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 I! L5 B6 p! t7 g+ a(3) No refund shall be granted under subsection (1) in respect of a claim unless* l1 ^$ v% [! X1 M
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
5 q# f7 u' f% \2 m* j8 }$ V9 brespect of which the claim is made or otherwise verify the reason for the claim; and1 d7 p& }1 ^" U, ^
(b) an application for the refund, including such evidence in support of the application as may be
& K4 d) Z1 L% {. d, ]/ Z/ F0 j) pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) E' v4 W. x T5 d7 d2 t) eprescribed information within0 r( {/ k! X7 a* e. c
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 d( W; F# f B! s) g4 b
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 m' M0 |+ t9 U* p6 O: e
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( B! X1 Y' T7 E, p7 [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ W! b6 \ |$ o/ y$ W8 I2 K
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ y, r% J. K+ Y( }
this Act as if it were a re-determination under paragraph 59(1)(a) if# m+ G" |$ x F5 p% D4 q$ y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 o" {( W2 C) H
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
+ z. D( H: @ ~5 `eligible for preferential tariff treatment under a free trade agreement; or9 p% b' r6 `' S: E
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 R5 I8 P' _/ p& p, obecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 X. t1 C! b" C1 D) }incorrect.8 H$ T* r8 e0 P0 z- V
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ f H$ O" Q! w# l% I$ v. v/ D
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' ?/ L7 P1 S+ B
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( Y" t. W8 X j5 G0 l; o
were a re-determination under this Act of origin, tariff classification or value for duty." l2 p9 o o5 t6 d) i- u2 }/ f
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这到底是说可以还是不可以啊? |
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