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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 f5 a B/ N9 y% m0 C上面说 非商业 进口 可以免关税?
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* B# p! j) \3 @/ V; O5 @ dhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf% A3 @. O# Q) T$ I) u
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A& \2 A- Q5 z7 f- U$ PRefund Requests" v, y; ?& N( W% O# @/ O5 Y" A- Q9 C7 |
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* L1 [4 @% f+ T& G' [$ w( l" t4 q9 Opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; F2 \+ _4 E+ J
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- M% T/ H$ T! ]7 y, w) w8 ]0 s
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 _5 P* ~. s+ O: s$ j& {: _9 m9 h. zCanada to the time of release;! E. `5 T4 v0 }% y3 j4 ]+ a; y2 y
(b) the quantity released is less than the quantity in respect of which duties were paid;# p& \0 c6 l7 _0 t1 ^, m0 N
(c) they are of a quality inferior to that in respect of which duties were paid;
8 o/ G* a2 Q: ^* r3 N9 ](c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. Y+ s$ B' V( ^0 p0 D: Qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 @; B$ t1 }/ P! @! p4 |6 ncase may be, was made in respect of those goods at the time they were accounted for under2 w$ m) E9 ], H) W
subsection 32(1), (3) or (5);. t+ v! [# M N* Z8 w
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 v- _, b- w* T' @4 U3 J* o# m
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) p3 T- ]& W* P3 N9 l( |* v7 z* c xaccounted for under subsection 32(1), (3) or (5);8 j. v4 v( y$ D# `3 l
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 V4 v: w6 [5 v6 u& U1 `(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' k7 ?8 g0 ?6 N" m1 vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ q; }2 \7 u% E+ g, h1 R; \, o
value for duty in respect of the goods and the determination has not been the subject of a decision" G7 o& A* ^" }/ c6 h
under any of sections 59 to 61;0 l, r. Z9 l% s2 |
(f) [not applicable to non-commercial goods];
, A) E/ j, L: y3 E1 K/ J2 k(g) the duties were overpaid or paid in error for any reason that may be prescribed." W7 r% u0 ~% L- b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 Q- f3 m) i2 V- W, ]) Z6 W1 R$ }
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ m+ ] P2 e, Z; R5 V! Vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 w1 s( N6 S8 B/ B! }4 h7 b
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 ~+ R; L2 G7 G3 i3 J: f
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 J% g7 Y$ j$ T, f4 g1 m. Y(3) No refund shall be granted under subsection (1) in respect of a claim unless: x I u. _7 F, s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, i! { A7 X ~: }
respect of which the claim is made or otherwise verify the reason for the claim; and* D* f8 l C1 b5 L3 H; h: ~
(b) an application for the refund, including such evidence in support of the application as may be
7 Z, ~7 V, i2 d: l6 y. Eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 D, _" N3 a* B1 hprescribed information within3 w& ? E3 l7 `$ n* w* B
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
: N! K2 J& V8 Z2 r- e8 aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 x- i* W4 X" k- ] ](ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 p0 w& r6 j# I! t
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
`$ D7 C6 H+ b& B& m# Z) S8 R(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- }8 r! G0 S% u7 o6 y3 A- Qthis Act as if it were a re-determination under paragraph 59(1)(a) if
) ^, t* g2 @0 W3 r/ e. ^(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* W+ _9 l( ]6 ]1 e* |) n7 R nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not B# P* \, e9 @# ]$ _2 ?
eligible for preferential tariff treatment under a free trade agreement; or
3 u) S/ @- Y$ Q- C* f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& r+ M, V# W+ D# O
because the origin, tariff classification or value for duty of the goods as claimed in the application is
# e+ N% L7 I! X. xincorrect.
' M$ i" `: S0 O0 o0 M8 o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; X2 u2 R; Y4 `0 A$ Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; W& M5 K/ k! [other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' Y& J+ f, j+ r9 T7 }" _9 x
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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