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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 v6 p* a0 u/ M9 w
上面说 非商业 进口 可以免关税?% ^% w6 |+ c9 H
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5 e+ a/ O4 P- P7 Y% Ehttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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& V* D o5 U: `" U2 T* CRefund Requests
* ?% o% n7 ?# d2 b' Q4 [2 J: x74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 c) F# `6 {- q: d$ J5 g: zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 h1 O! ^* r9 k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ _5 G* J9 W1 X1 t4 w4 P
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- B9 W/ X# D1 O n! rCanada to the time of release;8 |4 c( z+ s) l+ e2 w) B
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 ?0 j/ @$ l' G, X6 m(c) they are of a quality inferior to that in respect of which duties were paid;
6 o, I$ |, N0 u$ Q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! @' j+ v% p$ C9 dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 O& B, Y7 B# @, `
case may be, was made in respect of those goods at the time they were accounted for under4 r3 L! g( Z9 q
subsection 32(1), (3) or (5);
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8 `( O4 E- ^' `; N2 l(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 `, z7 a4 d5 X6 i9 k
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 Q4 g, h4 u" }# q, Q$ J2 Aaccounted for under subsection 32(1), (3) or (5);6 y0 ?. p4 i9 x' w! u
(d) the calculation of duties owing was based on a clerical, typographical or similar error;, f9 _4 V( H8 X! u
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 t3 b! V+ u0 M/ G$ a
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- K7 V; B- u+ {8 q. pvalue for duty in respect of the goods and the determination has not been the subject of a decision
1 ?1 M# o) Z8 L6 t+ Hunder any of sections 59 to 61;
6 O# q8 q" u3 y" b9 n(f) [not applicable to non-commercial goods];
9 p+ X9 E- d2 c2 Y# _/ }! c(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) S# c/ i: Q" @4 U+ 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 k. Q" m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. }# |9 A* N! `3 j( k8 Q0 ]' {% t$ S
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- i) G4 g( S" }" }% t4 ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 e* l! G6 O: `9 ^) I. munless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 z9 Q& E7 I* k; o" w(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ @: o" a) ]/ `7 `) B& R) ]. l1 g(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, M; E- V$ [% R' ~# E
respect of which the claim is made or otherwise verify the reason for the claim; and
3 N- Z3 Y* p/ d# R' C8 |/ h(b) an application for the refund, including such evidence in support of the application as may be4 `9 A& |" M. s
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( t0 u+ R2 l( @, M
prescribed information within
' r2 ?% N. h+ Y0 Y: c& j6 T1 e(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 F0 k. c1 `$ j C$ c v2 wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and3 F) ]9 G: O4 f" o& H
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# R2 Q3 G( f( [8 U) v( s$ pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., x, q6 ~3 s/ W4 x% T6 E
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 H3 T1 n& P3 K8 i; zthis Act as if it were a re-determination under paragraph 59(1)(a) if8 {# s; D F" k& Y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 a/ {8 g# b/ V9 M
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 V1 m; Y) i+ p, Meligible for preferential tariff treatment under a free trade agreement; or
! q* `! s' Z. Y' J$ i8 D; u(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; i; V. N2 X' I3 w* v
because the origin, tariff classification or value for duty of the goods as claimed in the application is! o5 Q7 _0 Z7 p
incorrect.
$ r8 j1 ]( T8 E(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
# F ~" ~0 |. {% _! g) `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 N) K) p8 X3 w3 I; Jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 j* B. H# e: q6 dwere a re-determination under this Act of origin, tariff classification or value for duty.$ ]; b$ n9 D% N7 G
9 \- {: Z$ Y' T4 M4 Q8 O, `这到底是说可以还是不可以啊? |
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