 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 _- J* x3 @3 v1 ]- i# @7 {8 \) @% ~
上面说 非商业 进口 可以免关税?
. \" \' `, }' F9 K2 Y
. n/ k+ V2 V9 u: l& N. l' P6 f% _' I1 Y6 k- f8 S
& K0 W( ?8 [& _4 d0 ~. G
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
3 G. o2 p9 _9 V) t- ?# E2 u4 b8 d9 g' u% @3 T6 ~" `
2 j: {1 w" R9 z' W( L, U! u! BRefund Requests. Z# F- ]6 Z1 x1 e6 F+ ~4 B# M
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ U" o/ F" Z H P
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 ?3 D4 _) D" C* X6 Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 e- j# V$ i2 T( u4 n
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* r% Q% a4 j' [) W4 h, F. t- jCanada to the time of release;
1 O2 P: x- _0 U/ V* e(b) the quantity released is less than the quantity in respect of which duties were paid;8 ]+ L- e5 Y5 M( j
(c) they are of a quality inferior to that in respect of which duties were paid;3 Y; x! R. w0 {% x# ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, p: M) ]; h; F0 k. Otariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; J; m, X7 u% s) D7 w5 y9 e3 ?
case may be, was made in respect of those goods at the time they were accounted for under
* c2 s1 m* e! J I- }7 t5 Q+ ]/ ]' m3 ysubsection 32(1), (3) or (5);5 b( n! G; A9 Q2 e5 C
3
8 `$ _( E3 s% b- Y. s) l9 y% `(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
_" C* N" Q) f6 k$ E# {3 F I% J: spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are G* D0 z5 n. W2 m* l" u* |
accounted for under subsection 32(1), (3) or (5);
0 x; }( k" h) @! A(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: Y3 c7 Y j6 s& z& V. v( F" Z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)# {/ W: C4 o0 Q" p5 b8 ~/ s* f/ ~
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 [# [/ Y1 V* N" l% ]& k; m# ~
value for duty in respect of the goods and the determination has not been the subject of a decision9 j5 ^2 T1 t) B) Q6 W
under any of sections 59 to 61;
! H" B7 R! Q+ s' j/ F(f) [not applicable to non-commercial goods];. x" W3 U4 P& E. r7 Y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% \! M4 W) j0 H' e(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' e' N" M' G+ t. y& D5 ] b5 H# c
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ l1 c& y& N! w8 C. w
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ }; h2 ^ F4 X: R! J
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# i1 B9 c# T/ q) M5 j
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.& ]2 c4 Q+ r4 ?$ [' P0 `; x( L$ H
(3) No refund shall be granted under subsection (1) in respect of a claim unless; I$ \: a9 d7 _4 g' e7 U0 Q6 ]
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 G8 u+ `! l: a0 G- h: C
respect of which the claim is made or otherwise verify the reason for the claim; and
! Q+ A. l( @' M6 ]; ]& p(b) an application for the refund, including such evidence in support of the application as may be
+ q/ i* }8 |1 z% `$ I! ]+ @' [prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 Y b. W# ^) S3 Q9 N- ]prescribed information within
, k7 H& Z& v1 u& ]1 M- y; W(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); a9 H: [. |$ j) Z& T5 V' j2 I
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# Q7 p- d# n' k, ` N. F(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% y; z: ~3 d( r3 e. n, p& Swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& _ \1 j5 Y/ t- v(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; ?: e6 R, R& G. C* i. O; Hthis Act as if it were a re-determination under paragraph 59(1)(a) if* G. w; H2 A, D) ?# s, U$ g
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; ]% g& U* d+ C5 a- J# h5 ^
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 h0 Y$ O$ [& b- Ueligible for preferential tariff treatment under a free trade agreement; or. T! ?8 O8 Q3 O5 [( m' ~
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! Z, \. d1 E1 c
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ f2 |( g- ~( e+ }5 f3 r# E+ N8 f$ l
incorrect.. l8 M+ U' O; _+ h/ A, S
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e), G+ j+ h: L& N I( G9 t' k1 p# @
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
( \, j" ]/ U: t m9 Q+ iother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 l- l8 L9 W# c' ?were a re-determination under this Act of origin, tariff classification or value for duty.
0 ]3 a1 c$ J1 O0 [, P+ M& Z1 E; K# V2 D
这到底是说可以还是不可以啊? |
|