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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% ^, Y; N5 K1 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.pdf. p0 v' R% a2 t
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Refund Requests
% _& E: R0 F. K3 y& r' j* z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( F" j* I# O H7 ]paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% ~2 B$ X4 h+ D! M9 R- v b) X; uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if q0 T9 f8 p4 u z( L
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% X+ J8 C* N3 O: Z1 H {2 ~Canada to the time of release;# r p" Q3 [# h6 ^4 p
(b) the quantity released is less than the quantity in respect of which duties were paid;- m- T2 X( X/ X9 V
(c) they are of a quality inferior to that in respect of which duties were paid;
7 H* v& `9 `6 t" }(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ n, m1 ?7 B6 p( L/ @tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" V2 h, V' m# U& H' v, ], J$ A. [
case may be, was made in respect of those goods at the time they were accounted for under
: ?0 v9 [4 x, d& W. Osubsection 32(1), (3) or (5);( y0 n4 g, e+ V" ?5 c. q1 O5 [8 p
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8 J9 A2 i$ t+ ?! w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* O4 p1 d1 F+ p! _
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 \$ `* J1 y8 R8 ~" w2 Eaccounted for under subsection 32(1), (3) or (5);
( n" J/ x7 }7 R7 X: c* V3 ]( d(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ z+ K3 {' U& T U$ h( R! z* L
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# E* Q% A+ E9 K: O1 p) Y4 bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" W9 t, G, d% F8 uvalue for duty in respect of the goods and the determination has not been the subject of a decision
+ _6 [6 I1 c- I# }' `2 m' [4 wunder any of sections 59 to 61;3 l) b4 o7 S, @; H
(f) [not applicable to non-commercial goods];
$ `4 ]& t) k4 h I(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! ~" v3 ` E. w T(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 [: ]6 k9 i% Oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 c% N5 S H4 Q2 w: K' H# P# X6 Xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 P) A n4 z; O( A! T8 m(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 B8 b; d, D( L- `' R+ u
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ v" N, C% P# w! X! i(3) No refund shall be granted under subsection (1) in respect of a claim unless+ L- M3 L0 E9 w! y. v( y3 V
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 x' s" c, u- u. u: Yrespect of which the claim is made or otherwise verify the reason for the claim; and
2 O3 i, `" E8 |: }- L(b) an application for the refund, including such evidence in support of the application as may be, A; a& D5 V2 f: o. |* Q% a: i$ O
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- I. g0 O6 G* T; d) h fprescribed information within
: b/ _2 q6 L6 E# e) X9 a(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 _, ?5 i; ?2 x, P, Xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# K+ Q6 q# E& X(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 N/ m% [ O7 Z" b8 ^% w
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., Y4 w# V V; o" y) \' I' z: H; O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
3 B! R# k7 [% m% z9 Q, D" @9 Rthis Act as if it were a re-determination under paragraph 59(1)(a) if- e, ]( W& t/ L) L7 c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ w. ]/ Z4 M% r, Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 }' z. S. v! V8 a: Z* \0 z# A- religible for preferential tariff treatment under a free trade agreement; or2 A a! }- a! ~2 ~$ U
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
C( |8 d7 k- n4 y* O5 r/ Cbecause the origin, tariff classification or value for duty of the goods as claimed in the application is6 ?5 S8 `* L! V s- o
incorrect.0 E( N9 a; [' C
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, y* q& ^3 S7 J: C& z _0 C
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 l# j' G- m; e3 \5 \other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% G) m2 @; I3 K$ v- i% P6 ? o
were a re-determination under this Act of origin, tariff classification or value for duty.1 o$ k; C1 a, Q! y* S7 Y
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这到底是说可以还是不可以啊? |
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