 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# O# B0 T: q! f! r6 M8 C# d w
上面说 非商业 进口 可以免关税?
) S% |2 J, z; n5 T. o, S
z4 g! d" I; [0 T* W2 C0 y
+ Q7 h# Q2 z/ Q z) A- D3 m+ g9 K
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
" |4 p# K9 r5 D% I9 `* D: \# q z0 e. Y7 K
w v5 A9 M0 C! o
Refund Requests
4 T6 Y. t3 Y/ M74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. J) K, c: U; J1 z" N$ J( j
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' ?$ z) q% Q' }9 z. fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 ]2 l; A' c# j' K
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 u) \" z4 e& ^Canada to the time of release;
- }6 ?" ^* t1 {. i. S/ b(b) the quantity released is less than the quantity in respect of which duties were paid;- ]" E& b: ]8 J" }: e( V* w, q
(c) they are of a quality inferior to that in respect of which duties were paid;
$ J5 n1 H5 ]/ O. L7 p(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 o! M, a0 y6 |( z" a5 L6 a
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( O0 d1 D, B* h
case may be, was made in respect of those goods at the time they were accounted for under
( W" K) [2 Y2 o- H) C" xsubsection 32(1), (3) or (5);
4 ?- s! i; U5 B4 R1 e3
) W; e* w3 x/ J! S(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 A3 ~ H( [' D3 g" @) T' F, }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* x9 Q7 E o6 R
accounted for under subsection 32(1), (3) or (5);
! S" o4 a4 V7 p& N. Q3 D(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% {' B6 o9 e) e. s1 y5 C(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) e/ j& d s2 f$ d& A# y' D0 W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. Z3 Z0 W0 _$ e* n
value for duty in respect of the goods and the determination has not been the subject of a decision
f; U! \ B& t% T% @ N+ ]' Uunder any of sections 59 to 61;, `: O/ q2 v4 g) ]
(f) [not applicable to non-commercial goods];
: w$ ^/ n1 F8 E' L8 c. p; \(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 O7 U1 X& R2 X( `9 u
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. D1 M" ^+ v: w1 N
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- }. q$ |7 M% C& C6 v! [7 _
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ c5 l' F9 ?9 a9 h1 g' o- S) h
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) M K, [( g! B- `6 b! F$ Qunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- Z5 Y& q& z9 `* q) T1 ?2 y* e(3) No refund shall be granted under subsection (1) in respect of a claim unless, z! i5 c0 c: q( x. T: x& q. H; H
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! z% v, N# y A% Y. _, J
respect of which the claim is made or otherwise verify the reason for the claim; and
" q H, l* A+ q6 g6 C( x/ ^ w9 t(b) an application for the refund, including such evidence in support of the application as may be
& S: ` I6 d" r; T$ H5 hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: y0 T. A7 g, H- `- {3 ^+ G9 gprescribed information within
6 ?3 ]/ ? f/ u* K6 w" p(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ _2 K' S7 `) X( C X2 Sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 T6 a+ A7 H. R(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* h2 N# A) d" c9 `5 M% M
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ H! ^' S9 g* ]: D
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. P" A1 k) ~- W8 | A4 h3 Lthis Act as if it were a re-determination under paragraph 59(1)(a) if, r+ ~ Q3 E7 f+ H S, w- Q4 p
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! D& E! [5 B- ~7 l5 {8 }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: [- J; R- H6 n3 |' neligible for preferential tariff treatment under a free trade agreement; or* F& b7 H" f0 g
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 x+ U2 r* ]$ _% W5 D1 D5 f
because the origin, tariff classification or value for duty of the goods as claimed in the application is. [& D) h, P0 G& I
incorrect.% Z4 e8 Z4 Q0 a2 W6 j& I/ E0 B
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* O3 w1 N8 I) }1 B/ V& m# _(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" V" ?5 e8 U% `other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 S& l9 B+ @9 n- W1 Uwere a re-determination under this Act of origin, tariff classification or value for duty.+ f! c" h6 a( Z* E
/ r, L* P! G5 ~2 A8 @$ z这到底是说可以还是不可以啊? |
|