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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" M* M* ?6 {6 A! q! l上面说 非商业 进口 可以免关税?7 \; ^. I0 [% Y9 E% K A" y/ ~) w
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
$ n/ @7 T' n% K5 f0 r74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. q8 }2 C2 P# M1 z( Kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 a, U8 U" X# Y0 j
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) S2 S* D, D5 h n/ N7 {% `0 `(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" G/ R; l* E3 s8 w- K& T
Canada to the time of release;
! n$ f! ~$ c% J# Z" d: O! L(b) the quantity released is less than the quantity in respect of which duties were paid;# K% g1 f& t9 X$ B6 E% l4 i. x
(c) they are of a quality inferior to that in respect of which duties were paid;! R8 p! A8 }( L' C. L* W! u7 p( C1 D
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% |8 z3 K/ }6 r# o6 t
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. V3 t Y& A0 [% C( t2 V2 l
case may be, was made in respect of those goods at the time they were accounted for under
) {- g1 ^' _7 g/ e3 G h7 B9 e1 xsubsection 32(1), (3) or (5);1 W' |* U) A9 K7 \$ p- I& m
3) {) A+ h! `6 g7 R% S
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! J/ X8 |8 `: y! Y; Kpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 ~; Z* \( v) H% Paccounted for under subsection 32(1), (3) or (5);
- ^0 j! c) n' Z. J) n(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 [7 A8 z9 L& Y5 W1 p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 l* x3 x5 f) m3 S# {7 Oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 _* Y' B; H, B5 x w
value for duty in respect of the goods and the determination has not been the subject of a decision, e9 M0 z8 U8 Y0 k4 U8 L
under any of sections 59 to 61;; J# D2 p, Z1 f3 w& q' R! r6 j
(f) [not applicable to non-commercial goods];
# j( a O' m+ q. S(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 V u0 K0 q6 M5 ^. ](1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
C% t) \: h; b, y) U& B7 fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 u( }; Q5 p' j% V; b- o
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: {; x9 ?( p' J" d6 ^' C& H(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 Q' V$ X( t4 F9 w
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ D* T3 Y1 b% N1 a# k(3) No refund shall be granted under subsection (1) in respect of a claim unless8 d q; F9 W( @
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 K7 G8 b* _$ a/ ~* E Z9 ~: q
respect of which the claim is made or otherwise verify the reason for the claim; and
5 o) ^# y+ q) _9 K* ]. D) K(b) an application for the refund, including such evidence in support of the application as may be( x7 w7 J- r- M2 D1 \
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ V4 Q7 n* ^, P G+ E( w" c" G$ I
prescribed information within/ r8 \! V& h5 W7 y6 X, i7 z: k
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
5 [6 D' O) @# r# K1 p" k4 j2 @or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( A% p' H" j9 E) }" ~1 h
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# ~: {. D) P( V% x/ e8 a4 |
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) G& N ~1 j6 C3 h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, s; O o) _! H& G
this Act as if it were a re-determination under paragraph 59(1)(a) if
* O3 }+ ]% t' E! X: o(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 P- s6 J/ W2 z3 l& k) mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ ^% n2 |( T" Z# W
eligible for preferential tariff treatment under a free trade agreement; or
5 |" C6 b% k0 k9 S7 [(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: T; @: Q0 M/ r& e, j' P' l
because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ d4 a7 r7 \) F/ P0 m1 pincorrect.
" f6 `1 q2 x; K- K& n2 w8 L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; v% V2 @0 h) q3 m
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
+ l& N" q" c7 Y& J* eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ n$ ^/ z5 Q7 ]" t2 K4 owere a re-determination under this Act of origin, tariff classification or value for duty. j& d1 V/ {1 C: Z9 h$ T: t) @8 q
+ g& W- h: C x' X6 \1 v这到底是说可以还是不可以啊? |
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