 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: @6 [ F) B$ I
上面说 非商业 进口 可以免关税?6 Q, p3 M m. E2 |; l* @: S
+ k; q# v. `; r9 \, W4 E z: G; }9 `5 k3 Q3 o
- m- N7 H. n" d- @' h, Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* q: e! T/ _/ c9 t1 W
. {1 `6 Y/ X* E4 ?% z2 _" d5 |! b1 `
Refund Requests
) `4 K6 j# s4 A9 ]( G2 G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' A, O7 K! ?9 X3 q) ?$ lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ Y8 c6 j, l3 M( O! k) [- w! x; ?) uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 d% H6 }1 z* o4 |3 r$ ?; t) u9 ]
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ @# f; [( ]! e# PCanada to the time of release;" B0 N6 l D7 p( [. v5 E
(b) the quantity released is less than the quantity in respect of which duties were paid;4 ^* v, ^$ x- T
(c) they are of a quality inferior to that in respect of which duties were paid;
/ @" k9 T1 e& v& S$ Z! I& G" O(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 m1 l1 ]& j- N2 h8 ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 b% Z, K: \, ]& U& u$ q* Z+ |case may be, was made in respect of those goods at the time they were accounted for under
- H5 F a( L1 Q& S+ p: `$ {' jsubsection 32(1), (3) or (5);
, K! `* e' c0 x5 ]* h5 A32 s' S4 w) K( X& Y, d+ @! c8 M
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% o4 @- j# b( R2 U0 b# l" D+ T7 ]
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 i& c1 `; g9 V- raccounted for under subsection 32(1), (3) or (5);
, [, l3 u; `- z, t) M/ _(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 H$ r" R% B' Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 h" f( u! {% w: D: d2 Hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% T' R! j7 U+ c9 G! |! u
value for duty in respect of the goods and the determination has not been the subject of a decision8 J, D f$ P( L9 N: S2 k
under any of sections 59 to 61;) m& p* O, F, {6 c
(f) [not applicable to non-commercial goods];
( A0 Z$ ^0 l( G- I(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 R% A2 }+ M0 ^6 R& k
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 m8 I8 o. W9 l0 N: f$ H- y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 u9 Q9 P8 X- M/ z. ^
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& I/ ?/ T' U; C, D1 r: ^
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* o3 c9 c. |; |. R- O! Kunless written notice of the claim and the reason for it is given to an officer within the prescribed time.; L' i9 G9 N$ E* O8 `, E
(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ B# L0 x! a( R; ~(a) the person making the claim affords an officer reasonable opportunity to examine the goods in2 a7 {% ~! ~0 @# V
respect of which the claim is made or otherwise verify the reason for the claim; and
: M R6 b* [" ]3 q @2 [2 P(b) an application for the refund, including such evidence in support of the application as may be/ N0 U7 x0 X. l5 _
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# y v; g2 j2 |& Y5 N* kprescribed information within0 |, C$ {4 i1 B; i
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 \3 ]9 m/ L% E% N9 {
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 W8 O5 |, T0 g3 `4 E' A
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 M: J/ L0 s! |7 J- h4 V3 D7 H
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
5 B+ |0 K" ~& r(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& c- X x! x/ m3 y$ Dthis Act as if it were a re-determination under paragraph 59(1)(a) if% P5 J9 Q1 w6 z C! F" y' q9 D
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, L! U: T! e9 p( z& @
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ t" E1 x9 U5 j
eligible for preferential tariff treatment under a free trade agreement; or
' k8 ^, l& F9 k P& P(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
* i2 {- Y, D- Cbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
3 P% Z6 g" m" d6 i( p1 Jincorrect.; T% B$ D$ f6 r
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" @3 b7 I, l8 k% v(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) I4 a) p& l! j; yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 i5 z. `- v3 g. G/ w
were a re-determination under this Act of origin, tariff classification or value for duty., V& e8 b3 z0 c" N5 \. E( V
/ S U( v! Y: [
这到底是说可以还是不可以啊? |
|