 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 n7 q' l8 H' ]) Y
上面说 非商业 进口 可以免关税?( R8 L2 ?9 m- S- }) z
1 U; h/ x, ^" N, i# y
$ i/ c. P3 q( x' J, y3 x
4 U9 C6 [$ Z1 c# n: E' }
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
- @% c' s$ q( E; e# a- P! l0 \ y: ]% a3 B
1 v) w }& ~! ?" E) zRefund Requests; D& t2 o0 }9 b0 _5 v! ^( a: S
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# H% h V# Z7 }/ v' p2 \paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 x R: D/ q2 g6 f7 p
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if% E. s& U% L4 x8 J9 {
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) g% s+ b& L: K. fCanada to the time of release;
8 `1 x B' \7 i: A6 B(b) the quantity released is less than the quantity in respect of which duties were paid;% U( s4 w" r' s L# x% _
(c) they are of a quality inferior to that in respect of which duties were paid;
+ z+ Q" ~5 |- N- P* ?* M(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential1 r; o/ D) j/ i O- E$ b3 Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ I/ f0 ?( X5 \4 tcase may be, was made in respect of those goods at the time they were accounted for under
]$ ^8 x0 Z: n" o/ bsubsection 32(1), (3) or (5);
" M/ Q' Q* A1 B! ]6 S3! F( @; c7 m$ Y% `* K+ x b0 G
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 o- b2 [! Y. r$ i3 G
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" { H0 r* i. P# w B- `accounted for under subsection 32(1), (3) or (5);3 S: `4 m G9 ^+ U# g+ T* L
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 S G: l* }6 }: D; l/ f; s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" [; b* G4 \) W# u4 Jof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( ?. F) j6 M+ L6 k; G
value for duty in respect of the goods and the determination has not been the subject of a decision
% I: t6 d, M8 U& W( o. k) Tunder any of sections 59 to 61;
. F1 h9 R3 m' P$ h4 ~$ ?(f) [not applicable to non-commercial goods];
$ S* A/ u! J/ r* [& e* r(g) the duties were overpaid or paid in error for any reason that may be prescribed. v# a$ o `, m8 U, q! _
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# x! }9 x: U+ L; X4 l8 d, K1 Ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 V$ d; _* |. R7 k' ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) T1 B& s7 y6 Z+ h* ?( X) ~- @
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. \) \- x% X0 }; e
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 w1 a. k4 z' q1 P h* K/ V
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; w$ N5 d* W2 B0 K(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 ~2 u4 e* d! trespect of which the claim is made or otherwise verify the reason for the claim; and
- S) e3 R7 y" G- X2 l(b) an application for the refund, including such evidence in support of the application as may be& _( \% s0 N6 ]' ^0 n. n. H
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# g6 |6 A- l% e8 q8 `3 S4 x
prescribed information within: d& D4 t7 ]7 M3 f
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( Q8 X4 k2 J* Y! U* D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 P! z% I% n' f0 M |; p(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( x, v k! t5 M5 X
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! C. q. @4 R7 [" \
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 s9 F- `4 k; X" N
this Act as if it were a re-determination under paragraph 59(1)(a) if
, |7 |* ?! A* R( p5 u: M, Q' c- P(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ o+ _' D" P5 \1 ~
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: I- E2 I$ w/ @% X4 u4 ~2 q
eligible for preferential tariff treatment under a free trade agreement; or, u7 ^# c E. X/ m8 A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 \ Y1 ^9 w# z* ]' O/ W5 i, l+ R
because the origin, tariff classification or value for duty of the goods as claimed in the application is& I- d1 `+ |7 `. s/ B$ l5 k( u! P: `
incorrect.
! W; r2 y! C7 M& u) W(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ b! I8 B- r* r(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 m0 u' ]4 p9 _8 t% t. u( bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" {$ r, H7 Q/ r6 q5 ]$ v
were a re-determination under this Act of origin, tariff classification or value for duty.2 U# z7 ?. R( K. V; d
2 R( ^% I: o$ p0 x1 d* g
这到底是说可以还是不可以啊? |
|