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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; J$ p. |& R/ e) b4 T
上面说 非商业 进口 可以免关税?
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% {: r9 I+ z0 W+ q$ Qhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf: G/ ~. _4 j- w; M6 ^/ D
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+ r. ] G7 u+ ^' i2 ORefund Requests6 K e" y' C! q5 R$ Y& O( T
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- h: H$ R; L; I0 @paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ h3 i. i3 m- H4 c7 l* B( j
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ L/ e q( A' Y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ s) B* w9 q& X
Canada to the time of release;
9 m1 Y: ~; @7 w0 t) g. h! g- ]9 l(b) the quantity released is less than the quantity in respect of which duties were paid;, K. l1 v; A- w* v' L$ c
(c) they are of a quality inferior to that in respect of which duties were paid;
% b4 z t! ^. R1 o5 X$ \(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 y$ E2 t. {4 s: s7 ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& C: E! v+ S) R3 b( l$ S; O$ |case may be, was made in respect of those goods at the time they were accounted for under
5 U4 }4 e" A0 w+ Rsubsection 32(1), (3) or (5);" m1 y. f. A0 @
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+ b6 T( w2 ]$ Y8 I3 I6 B- l(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; D8 V2 y; l" k/ l* H% V; ?
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 e' q W' F. _7 Y2 [
accounted for under subsection 32(1), (3) or (5);
2 {* i, W) J! a; X+ M(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 p+ X5 [+ r2 h8 b7 L: R9 y- Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). J" w' r* a8 j# U$ K1 {5 A0 U
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 S5 ~' K0 V Q+ X* ?# O
value for duty in respect of the goods and the determination has not been the subject of a decision" b1 B& X1 j/ T w4 |2 f
under any of sections 59 to 61;1 l( E: T. J8 l7 o3 b0 [ u( G
(f) [not applicable to non-commercial goods];
) D+ H/ j' [. U7 ?) U(g) the duties were overpaid or paid in error for any reason that may be prescribed.) G* X9 T' ^5 `- }0 h
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based2 C7 E5 a% a8 W$ q% U
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ S' H. z3 W' v: R+ A4 f4 W8 j2 n" vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 o- j( q5 z' C0 P6 O+ \& x(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% ~" J, T" y( Munless written notice of the claim and the reason for it is given to an officer within the prescribed time.
% A9 W% W1 d# k! ?$ \(3) No refund shall be granted under subsection (1) in respect of a claim unless& ]. H7 Y+ x6 B) L9 y4 w
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
% P5 A" _* @! i8 i* {respect of which the claim is made or otherwise verify the reason for the claim; and2 X4 K2 h# l: m$ h/ n% F* B
(b) an application for the refund, including such evidence in support of the application as may be
) ]' y5 Q1 e( mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, ^% D8 n8 M% d: mprescribed information within2 D9 J$ N r9 }" T* X8 c
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) J7 @0 t5 c& O2 S3 j" J+ P- Lor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( n0 o& e2 d# P$ h# @
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods! s; U" v7 b4 j4 t9 t
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' i6 w- c8 p0 V$ O0 a4 W
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
9 @7 l5 ^4 c% Q0 R. c; O9 dthis Act as if it were a re-determination under paragraph 59(1)(a) if% Z/ C6 X7 d4 [
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' {- b" B& O6 j, tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 g5 V# o5 R% T8 J1 B2 eeligible for preferential tariff treatment under a free trade agreement; or O6 T6 v9 k+ F F5 x' u: K
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; K U# L' B+ ^7 y
because the origin, tariff classification or value for duty of the goods as claimed in the application is' k/ D% N$ \8 \1 o" h/ _$ c5 W$ r# ]
incorrect.
+ o! }: U# D+ B6 L4 R(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
% [& G7 V1 ?, l(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 d( |. {" D4 }3 y( |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ ]) L8 r& q% a" swere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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