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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: z9 z1 m3 U" l$ {8 t3 B上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 c" B. {4 A- S* C2 w! f
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Refund Requests' I9 {6 d+ c( h
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. Q$ I7 Q5 n7 D+ \2 L
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 b$ f' T, e3 A4 pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
j# g1 L! i; Y# Z; m3 O H(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ s Z) p4 i. ` i5 ]
Canada to the time of release;
$ r0 ~, J6 \& r& \( |(b) the quantity released is less than the quantity in respect of which duties were paid; M% {. b, g2 v+ R4 A$ u& S7 F
(c) they are of a quality inferior to that in respect of which duties were paid;- G- V7 Q% r4 t$ }
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) o* \4 `5 }- Y( f7 j6 ?$ dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 x% b" k9 ], ^( j7 _/ G( J
case may be, was made in respect of those goods at the time they were accounted for under
9 f$ F$ X {: h0 Asubsection 32(1), (3) or (5);# K2 m4 ~% I, G" C
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- Z3 [' C: b% u(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' E) b$ e3 Q- D% B+ m$ F4 w
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; Y& Y# i! B* }" c- V o; naccounted for under subsection 32(1), (3) or (5);; R, ]/ y( g8 ^8 K. K0 G
(d) the calculation of duties owing was based on a clerical, typographical or similar error;" X% [1 G4 ^( m8 d( Z+ }
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! ]1 u- n( U' K+ ^/ J% W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 x, s( Z& [ A- s5 }) @- E
value for duty in respect of the goods and the determination has not been the subject of a decision9 D" p" Q# n6 ~: C
under any of sections 59 to 61;
" g- b0 S' q% J, G7 d/ p7 [1 Z7 U( ^(f) [not applicable to non-commercial goods];
6 y& U2 c% z, }" c(g) the duties were overpaid or paid in error for any reason that may be prescribed.. j; v" f' n1 J+ S: X" U- {
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 v) T, P" c+ |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' p. Z- o. S+ ^& B* s- o$ |* [this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- ^ c+ s. e( \% A2 `$ c(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! O( o7 Y _# H! Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 w" F7 i R8 U(3) No refund shall be granted under subsection (1) in respect of a claim unless* v6 K( v% P' [, O$ }9 ?# F
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 O2 F$ [, n) L; C0 Q, C
respect of which the claim is made or otherwise verify the reason for the claim; and' m# A1 I. s4 r0 s) r3 H5 }
(b) an application for the refund, including such evidence in support of the application as may be
2 l ]) m! d: U4 D7 `/ bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& E$ H y3 @; b" O) ^9 W' n5 |
prescribed information within
+ d- f# G: Q/ b* s6 j(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); k0 u! p, F, G Q1 i! z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 D- E0 R2 L( B# b( R
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ E. n$ @/ y0 x% p, g
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& r E1 y' N2 a# x(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
7 b7 C4 m. N; \this Act as if it were a re-determination under paragraph 59(1)(a) if
( \) c- x% y& x0 U5 B; P# q" U7 e/ W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- ~7 s& m9 N6 Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not. L6 ?9 v/ u# y! \" T8 e7 O! U
eligible for preferential tariff treatment under a free trade agreement; or! I0 j# \) f0 Z1 F
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, ]& k$ A% N( L. T4 H) I8 U+ J( Nbecause the origin, tariff classification or value for duty of the goods as claimed in the application is5 U) @, t# Q9 w9 V2 M0 |" h5 e, j
incorrect.6 f& f, S* j' `
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 c% L9 | Q. u/ K& R
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. v6 D# l6 z) J1 Zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it4 f8 w0 H9 ?7 _0 g) @+ L1 V( w
were a re-determination under this Act of origin, tariff classification or value for duty./ O" ?- E* G6 A2 T, B
# J: X0 E/ Q. ?) u1 B这到底是说可以还是不可以啊? |
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