 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ l/ S( t. j2 F4 V6 f( ^- p C上面说 非商业 进口 可以免关税?; V" ~6 Q: {0 [8 f0 T
7 X6 z w$ d# p, B/ a5 J3 ]
+ Z/ [! J/ {8 k
1 A, n9 ^0 ~5 Q Y6 M! h b+ N' khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
4 B/ ?. g+ Y) N( M
, `# c% F! A* }% w$ z$ }, s/ {- u3 E6 d6 m% W3 ?- J4 x
Refund Requests
2 ~. h: o3 ~2 l( _! h2 ^3 `4 [74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# L6 L9 j: t: y2 I5 q1 _5 Y' U3 M( Npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part: Q- z0 o% i8 @& @8 S0 y+ f
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" ?1 j* \/ r5 j' h& l: m+ D# z/ S(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, K* R& f* a Y& Y3 L
Canada to the time of release;' w! c" r# J5 C! V: ~# ~* v2 o
(b) the quantity released is less than the quantity in respect of which duties were paid;
* i$ |) f$ A# }(c) they are of a quality inferior to that in respect of which duties were paid;
# M& h y! ?( C5 m V$ I(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) W! [' y( I7 k5 l6 F+ e6 J
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 p, D0 ~) }3 K9 E! ]! K
case may be, was made in respect of those goods at the time they were accounted for under
6 G$ H+ m6 X- Fsubsection 32(1), (3) or (5);
1 C& [' h" V7 r% C' v1 Y3
$ A, [0 Z( m; h! S, M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for$ _ X. I# j) n1 }7 u% D$ h& l
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* v3 U8 [% L. w* u" Iaccounted for under subsection 32(1), (3) or (5);! a% N6 ~' o$ Q4 B5 Q8 t
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 M' I0 J: K K(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 P: t1 F+ x3 @0 V
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( S" x: Q- `; ^0 M
value for duty in respect of the goods and the determination has not been the subject of a decision
# v; E+ u1 J- w1 i1 A) q1 Gunder any of sections 59 to 61;
9 z( K% W/ ~& y' G2 |& e" ]( R8 i(f) [not applicable to non-commercial goods];
- N, k, A3 O1 A% P/ ] W4 d7 `(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( A; ^9 M/ y9 S; Q- g1 n6 }- P(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 ?9 E! K K/ X4 j; l
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. H: J; y# K6 L: R( Qthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 F1 H: ]/ z q) [ ]) _( ^, ]5 m
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 c1 |/ K. L+ M7 B' Q* I; s+ Eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 U: q; K5 e( B" v
(3) No refund shall be granted under subsection (1) in respect of a claim unless
& x" N- D2 }) w; A! Q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: X* }1 o1 w: Q0 Y
respect of which the claim is made or otherwise verify the reason for the claim; and# u: q' \% B8 }4 }
(b) an application for the refund, including such evidence in support of the application as may be( h) a) W+ \2 q" j8 ^& q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
; W4 R/ e7 @0 _+ h% k/ V% @) }! k; `prescribed information within% ~7 b6 {. d2 D$ X) G4 N7 F
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ k# ^+ q1 b9 ]) D4 _9 ]
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 `% }# k0 b ?! d6 e* d: B
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( |" T( h* ]5 g4 }! D- Y
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 I [1 T) E2 ]% M) N9 P(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 N3 F: G6 q- r+ V
this Act as if it were a re-determination under paragraph 59(1)(a) if
0 T. b @' S- i" D# z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& w6 D0 S: ~6 y9 I4 W+ m/ Hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
T3 G ]1 Q3 j, [% S5 O3 z5 L3 aeligible for preferential tariff treatment under a free trade agreement; or$ R6 L, e& S- E3 m) F3 Y b3 c) N
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 w% y, l# d+ o0 C/ r$ Ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is# `4 L/ q* Z* r- x4 L
incorrect." m" n- T+ r5 a! Z) w; v
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 l( a! m! [* Q: G* c$ ~4 a(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
, P: p# ^- @; c) e; F4 x0 wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 C& A# w5 P2 X; y' n5 d% E8 Swere a re-determination under this Act of origin, tariff classification or value for duty.6 y0 U! k' o/ Y/ p
" ]$ k" \# \+ |, Z" X
这到底是说可以还是不可以啊? |
|