 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' r. {, p4 H. T" u: E3 H
上面说 非商业 进口 可以免关税?
/ O, O: Y4 x2 t, X2 p
A$ U7 W- `& B9 r, @& H6 Z
% L' \3 c- h& j6 V$ {$ L( _- b _3 ]9 C% q, \1 s, t7 r! _9 _! F
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
% f3 u- z6 m3 R8 S5 V. J0 ]9 M% c" N2 O
+ E- H9 F* s0 \3 V" C: h/ ?Refund Requests* Q8 w1 F- M( M* ]9 S
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; f3 G2 G- i- \: \& k
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 Q- w( N$ k# l: \& i( c. Aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if. p! @: F v9 j/ K; K5 m
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 u/ h. t% w1 P i7 W
Canada to the time of release;8 g1 O3 O1 e3 n% l6 \, M" w
(b) the quantity released is less than the quantity in respect of which duties were paid;- E& p# t2 R4 ~+ r. G5 V& P
(c) they are of a quality inferior to that in respect of which duties were paid;' ~# O. _4 l( F) z$ k
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 x! Q* Z) f8 ~! M8 _tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# i) i* b! u5 X- H
case may be, was made in respect of those goods at the time they were accounted for under, v: b$ F: r& P( ? ?
subsection 32(1), (3) or (5);
( X1 S* R3 Y' m6 r30 ]/ e) }& t- H' N4 b' D) L
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. D7 o3 U7 Z7 l+ {" J8 {
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ U! T! H' u; C
accounted for under subsection 32(1), (3) or (5);
8 O' k0 O# X% r. U(d) the calculation of duties owing was based on a clerical, typographical or similar error; \& U/ I' G# o6 V; H: A
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 _" F+ r0 v- t3 L
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% u; e. J* \6 ~% q5 |% yvalue for duty in respect of the goods and the determination has not been the subject of a decision2 w4 o. M! ~' z$ w2 |& t
under any of sections 59 to 61;. C4 d9 g! ]8 U5 e, N$ ^
(f) [not applicable to non-commercial goods];
6 L* O+ L- T& [% \" {+ h(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 H; c' m5 X! e ~(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: j6 D8 J; o( Y4 f. G
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 L4 k( u3 m3 [4 s4 M0 _8 lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. `" o% H5 O2 ^/ `& l8 h l(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 f, u$ h4 E sunless written notice of the claim and the reason for it is given to an officer within the prescribed time." f6 @0 G; Z3 c/ W3 A
(3) No refund shall be granted under subsection (1) in respect of a claim unless3 y s% {5 P0 o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 l" k# T5 s) b* ]- m7 r8 orespect of which the claim is made or otherwise verify the reason for the claim; and$ U! L, W& a5 R" G$ u4 m5 g
(b) an application for the refund, including such evidence in support of the application as may be/ }* E5 N" t% B% W) F% ]: Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 N6 `6 R6 R$ x9 y4 }5 w
prescribed information within. X) Z3 H' l6 W2 V$ ?9 g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), \, Z/ \% u' G, K- k
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% f* l- r, O) G3 u5 t O0 e
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 }+ y% [1 w: I/ x- j5 X& X/ m
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# y. E. C( l1 I, E/ @5 L' D6 C
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; X6 Q; {9 K8 _# Y. hthis Act as if it were a re-determination under paragraph 59(1)(a) if# s! Z, J! h+ L/ g1 a
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
0 a2 n4 s- g; Zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# ~9 \ t, r ^; v9 beligible for preferential tariff treatment under a free trade agreement; or
1 o' |; u6 E8 K4 o& H(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 B% M3 ]0 `/ j6 ^& ^because the origin, tariff classification or value for duty of the goods as claimed in the application is
) \$ i( G$ l; R- a. Pincorrect.( j$ m- |& j# G* y) R* O
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 H( w1 s6 x6 ^" ~0 O( t3 ^8 n# B
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 ^' f; m9 a5 S# z$ J- xother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- J8 `3 l( W$ k- c _- G3 _were a re-determination under this Act of origin, tariff classification or value for duty.
6 \9 O& l5 _- [6 S% E" o. \! n. U, J3 }& `
这到底是说可以还是不可以啊? |
|