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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) `. ]2 m/ ?: w9 b4 v/ Z上面说 非商业 进口 可以免关税?) i/ }( @& E5 o7 j3 y7 F$ m& B
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests" P. z2 u& o0 ?5 U
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ c9 r$ N% }) h Npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 a. c; e! W! Z- l4 Tof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ f: H4 T2 p; x" a' a: _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to9 X! o2 V( f7 W
Canada to the time of release;0 J8 n+ }$ c0 [
(b) the quantity released is less than the quantity in respect of which duties were paid;
: q$ _" n% W t0 D7 C; B(c) they are of a quality inferior to that in respect of which duties were paid;
9 d# R: F/ j7 K(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' H- C% k8 {6 A$ {. J% Dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the J- H) r; o1 n1 h8 V% m
case may be, was made in respect of those goods at the time they were accounted for under
4 h4 D$ S& A- ^, Zsubsection 32(1), (3) or (5);) k$ q* r5 e8 D' o0 c, B1 t
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# m) I- ^7 E% ?# ]$ o9 j9 h- a7 l3 q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 A' [. _+ b$ r5 N: g' r( ^$ H, g
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 ` |2 t% V0 M. V# q
accounted for under subsection 32(1), (3) or (5);3 F& y2 e. q3 ?) l: P- [3 P
(d) the calculation of duties owing was based on a clerical, typographical or similar error;: A' y- w6 m8 x( r
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- c% S" g4 R2 q; C+ Oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* p$ B" d: ^/ l) W# \9 ^
value for duty in respect of the goods and the determination has not been the subject of a decision
% e1 L/ S8 d9 ~7 {+ ?under any of sections 59 to 61;) g) P f' `9 O$ ?
(f) [not applicable to non-commercial goods];
4 ~; `" G5 Z/ y7 V' k0 g! o9 F(g) the duties were overpaid or paid in error for any reason that may be prescribed.* r; Y: g9 ]0 m
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 _ c K2 ]+ y& K; ^, P( e6 _/ A
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of0 N( v- L) r+ ~& f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ |' d# r4 _* J/ x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" t1 m: Z' o2 }% [: K" w& u: O
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) p7 b! M$ O* ]3 g: O(3) No refund shall be granted under subsection (1) in respect of a claim unless
% L: v6 O! ?3 K5 @) z* ]0 I(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ L/ T7 x- B0 ^5 Y0 C) Y6 Xrespect of which the claim is made or otherwise verify the reason for the claim; and/ K! c3 s( N1 q* i) X
(b) an application for the refund, including such evidence in support of the application as may be- f* P+ ^. l" n3 H
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 x7 Y5 W1 R. o
prescribed information within
~+ o1 S0 [6 I) p4 q' {(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' v( h* \+ S% h+ v& `% for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 C9 G& T' n9 g- K' y3 S) s* a
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* F; ?% |7 o" M& uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ ~1 a' R7 m2 L6 X
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- ~0 [& O) m# }. x8 _( F6 j
this Act as if it were a re-determination under paragraph 59(1)(a) if* |* v2 T6 A7 q+ O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 E/ N0 k P+ v/ K$ j# j% D/ }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 i+ \, m4 m* ]: g) n5 q ?* qeligible for preferential tariff treatment under a free trade agreement; or
+ o2 c" L8 w1 [" `* \! q. g/ Z(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% w7 b1 @. \+ t1 f
because the origin, tariff classification or value for duty of the goods as claimed in the application is2 _* u5 ]) [- X$ e
incorrect.
7 [! V7 ^: Z- y9 M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) V a+ S# g' `. `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 p6 ], v2 R& k, U9 e
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 y, q; j/ D; X; v$ p& t! C6 Bwere a re-determination under this Act of origin, tariff classification or value for duty.0 |! P- z( z" G3 P& R: {
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这到底是说可以还是不可以啊? |
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