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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 d& }9 X- h( s& F
上面说 非商业 进口 可以免关税?- W4 r0 d& \" g5 L: h
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
6 b4 b6 W- A: y+ L8 ^# Q/ Z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ a& C, ~0 n j: g, A/ O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 u: v5 r2 t l$ ] z/ X
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 {6 y1 I w- U! w2 [
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; j1 F# f! U% s* a# p
Canada to the time of release;
! v9 A4 j0 u2 x+ }$ W0 o) g/ |: Y6 Y(b) the quantity released is less than the quantity in respect of which duties were paid;% D" S; b+ F @, m7 v. F
(c) they are of a quality inferior to that in respect of which duties were paid;( q' H* w' w( g" n2 O6 P
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! y+ @" x N) `7 X& P0 p1 C Gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 b% M3 K" ]; u7 z8 B4 v2 D" T; a
case may be, was made in respect of those goods at the time they were accounted for under
: |) u5 [$ N6 A. Z8 D0 \subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 Q- Z W A2 {( Opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 j: u0 j$ g _' y# h+ k s: [
accounted for under subsection 32(1), (3) or (5);: V; v1 L) P6 ]& P6 ]5 f
(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ p, e: q5 W. u, I; f; g. n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 r+ [% k5 @& j4 j
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or9 A' \9 u% g9 U- V/ ^2 }& H' F
value for duty in respect of the goods and the determination has not been the subject of a decision
: \3 E$ J! F' J/ @$ |9 Bunder any of sections 59 to 61;
( h. e( m& f; Y' d(f) [not applicable to non-commercial goods];* \) v1 @6 l* L# Z% O! `
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 j, U5 k9 M* ?( C(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based H/ C/ W) Q- o; L# Z( f
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 o# D% ^, S7 C+ q4 P- Pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# N6 h p' c s1 i6 g7 W, `8 G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 ?& ]0 F& {# t2 ]) G( a; h5 t
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& A9 y5 {" R! K( K K(3) No refund shall be granted under subsection (1) in respect of a claim unless
, l. `$ Q* P; n) X- E# B(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( T. I4 |! p4 R3 ]! zrespect of which the claim is made or otherwise verify the reason for the claim; and
" ^! s# w+ u) @(b) an application for the refund, including such evidence in support of the application as may be
2 ]# m: o4 ^1 s7 B+ D9 rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# U1 s5 u: U2 i z; a4 Iprescribed information within
* i0 ?/ d j. Z$ q8 A. S" D(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 X l, U, g1 P5 N; z. w
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 Y! k- @6 F9 N(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 O; m- ?# k% K- F- M, x2 b, D
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" h5 m" s/ l/ Q, d q+ N(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
3 a6 n" n5 d7 ^7 dthis Act as if it were a re-determination under paragraph 59(1)(a) if
+ K8 R! v( ` n. `5 x" M(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 e) N& S& n. a" D5 F f9 L- s# O# Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' M8 W/ H2 E$ p( ]7 }eligible for preferential tariff treatment under a free trade agreement; or
# \, z* i; q4 v: |1 D(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ @( ^+ s7 ^- t* b6 o2 rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is, D& M. J6 u' b8 ]5 T
incorrect.
% j$ b6 Y4 W: l: e/ I- Y6 U8 t(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ Y. n: ]$ e& w; G7 c" z) i$ x(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
5 _$ v' c! H2 `other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" S" O8 O2 v' h6 g3 ~ R; q8 C
were a re-determination under this Act of origin, tariff classification or value for duty. v1 o2 ^, H& M6 e, h# }5 f
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