 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ Y! w. a G n3 }8 P! k上面说 非商业 进口 可以免关税?7 ?$ X8 O6 B" D
0 P. s; A# m; T" ~3 ?3 J5 q& ~
1 w# R E7 h: p! o9 z4 G' [1 ^) `. ^7 \9 Y6 W5 D1 a4 Q
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
# B0 H6 s l2 }" P& A' o( l L4 t/ i& F9 M0 a/ y! v
8 z. n$ ?- r0 H R
Refund Requests1 ?; B. s! }3 L5 P- ~ Z& _
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& }8 \0 G+ G* F' I6 Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ z2 o! p1 t. t1 N- d
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, g, U4 e+ [4 L7 e b$ g0 E8 H
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" ~, u; ^" W# M" F" y& x- J, n
Canada to the time of release;
, y5 ]8 U6 d- X9 P+ \(b) the quantity released is less than the quantity in respect of which duties were paid;
3 s: C# V- }/ }(c) they are of a quality inferior to that in respect of which duties were paid;& C) X- i/ u- x& y; t2 ^% W- r: S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 Y8 g& u4 @: B% {6 k: |" [5 ]9 Atariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! j) W/ ~4 A1 F+ R% B) P" |6 i8 Ccase may be, was made in respect of those goods at the time they were accounted for under
" j+ N0 @: F7 R7 v, X ~/ }& osubsection 32(1), (3) or (5);: F5 q7 ^) P) ?4 I1 r. R. U
31 v9 A3 G- }( K
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
& e Z4 N8 K" p' R( c, m: a+ upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are( q; F4 V/ e1 x) U+ c7 R2 G0 K7 F
accounted for under subsection 32(1), (3) or (5);8 n& r8 a! u- |0 @) V1 [( h9 P
(d) the calculation of duties owing was based on a clerical, typographical or similar error;5 a2 b# q/ l# r
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( x7 T$ ]7 { g# A: uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 ^* T& ?; Q3 m- G; A
value for duty in respect of the goods and the determination has not been the subject of a decision
4 h! k" h. t/ T- t6 Xunder any of sections 59 to 61;
$ z, e- w8 p+ T; Z) ^# f; _(f) [not applicable to non-commercial goods];- n% b4 I4 z" B
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
: D# m8 K) r3 `4 Y+ N(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. K3 p+ w) _0 b- lon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( |8 w- N$ g3 k: p, y- A* J
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 I+ C( z: K Y r! j. u(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 c. l% m [8 N8 R+ Y" Gunless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 ~2 j6 a; {% B
(3) No refund shall be granted under subsection (1) in respect of a claim unless
( J& Q+ L" r2 P4 N(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
" q' ^2 Q& Y# ~5 ^4 [( \respect of which the claim is made or otherwise verify the reason for the claim; and
& H5 H1 k m' U& ] }; R$ `+ X(b) an application for the refund, including such evidence in support of the application as may be
* c5 Z. C+ u i+ dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# W. U2 c: `% u0 ]0 z; Nprescribed information within- w$ L4 f( X5 o8 g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 f5 d* n( J# z. S9 ^2 @# s
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. Q# ~* z8 h% ]
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! }3 G0 ?, d- C! o; N4 Vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 P! d) W% o" u1 J6 t( J(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
7 _. t: \# w' B; j" e8 K' L0 vthis Act as if it were a re-determination under paragraph 59(1)(a) if
; G: H9 G0 S- }3 C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied. Y7 z) y% f5 G0 }" o
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' {: @- w0 J7 \' A0 A
eligible for preferential tariff treatment under a free trade agreement; or
1 t& a- W4 J, s' w2 l# F, m+ z* r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 e3 A3 Q3 \ ~$ d* X; d
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. G& m& ~ r# |" C2 ?incorrect.
. q5 D' q. }' z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! N/ K' e5 g! d4 B1 e! s s8 S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 D* x. w$ f6 }2 D8 Q2 ]other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! n* h+ a. Y1 i+ A1 u. j
were a re-determination under this Act of origin, tariff classification or value for duty.
7 Q+ }8 j1 d) n5 I1 L
+ h& `- @9 K: Z- ^1 @4 D这到底是说可以还是不可以啊? |
|