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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ l# t: v. H/ b上面说 非商业 进口 可以免关税?& b2 f6 i* x: t
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$ Y }( A) f7 m- r- whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 \1 T \ X5 Y2 p4 b$ Y& k* Q
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2 I) \" h/ F. d$ i; d5 X3 jRefund Requests
# K5 P; \8 g8 x# Z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; x' V4 P% E5 J5 T U2 | z. L% L
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 N2 f1 C$ f4 B$ o$ k3 P
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ o" z) w7 j, c$ @0 x(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" w, q9 D# L1 Q4 A- i3 T
Canada to the time of release;
/ j/ ?; k: g$ y @(b) the quantity released is less than the quantity in respect of which duties were paid;
( |1 X m* C; i+ K# Y+ J: k! {0 J(c) they are of a quality inferior to that in respect of which duties were paid;9 d& L0 W( r. {
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 U3 K, c( [0 @: B) Stariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 w, V5 b2 D7 r6 T9 ucase may be, was made in respect of those goods at the time they were accounted for under8 l! ], i5 |2 P4 X
subsection 32(1), (3) or (5);. n0 p5 q0 s, |! P3 l9 n
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: w( Z" _ c: ~# X9 ]* H# hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 S+ i" s# B# I0 `8 k
accounted for under subsection 32(1), (3) or (5);
' B! \7 [4 h* e(d) the calculation of duties owing was based on a clerical, typographical or similar error;: T& A/ ]/ P3 c' j8 ?" n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), O* V; @* i B1 F) o, C* R w
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" C4 _$ @: ]' Z+ Q3 h" mvalue for duty in respect of the goods and the determination has not been the subject of a decision
) v8 P1 A: E+ I# `* q5 |$ f" Dunder any of sections 59 to 61;
: n- c/ |3 \* ~(f) [not applicable to non-commercial goods];
0 n4 a' @: A1 ~: ~(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ G% E! |+ P1 Z" i(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( I: P9 |' U% |( n8 F0 fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 o6 Z c+ }. p( L. ~this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 _4 A6 K5 b9 @8 l3 {) X(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* Y7 Y" T$ H4 d$ o2 r3 Y$ H6 }4 X( b1 Hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.# G# z" V' Z0 z
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 E6 S% d7 }' h/ t
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 _) }( C. ]: d! u) f
respect of which the claim is made or otherwise verify the reason for the claim; and
t* I2 y5 S ~(b) an application for the refund, including such evidence in support of the application as may be% {8 X6 m' O( _
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the; I3 \, h" c4 p
prescribed information within
9 |' i/ i: i. ?& r" X(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 m- J" X' T8 {6 m- g
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; E" y$ P/ }$ L+ u9 A; P
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
1 ^, a' o% B& U7 X# Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 ]9 P* O' F/ F; p# n1 k
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
$ ` \: H% w7 p, X( w% dthis Act as if it were a re-determination under paragraph 59(1)(a) if# T( b2 y% U: t
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! D# X- z' d, rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not- H+ G& b5 G- g7 C! ]9 s2 B
eligible for preferential tariff treatment under a free trade agreement; or
6 ^9 o& K3 x2 @6 x7 M# l(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 {( v6 B* X) m) T3 r: m# D; T
because the origin, tariff classification or value for duty of the goods as claimed in the application is
, o) @+ h: a8 r) Yincorrect.; v c3 |# }1 m( ~/ }' W
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 T5 y% S$ r; B3 x) e0 J3 W" t: f(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 z) c z- B; ?8 y- s N, f4 Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( a9 y7 A% p% [3 C8 Z: u7 K
were a re-determination under this Act of origin, tariff classification or value for duty.
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9 S* ]6 ^, g6 }7 H; s这到底是说可以还是不可以啊? |
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