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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% p$ r# `' e/ t w
上面说 非商业 进口 可以免关税?
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! k5 `' {) e: T9 S* l* N; whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. k6 Y# ~) A: y3 O2 P0 G( P E& u8 ^
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6 L: m/ B$ z4 G. b# GRefund Requests4 \. ^3 t8 J7 z( D
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; Q0 B$ Q0 C1 X. e% R' F% |
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' ~ c5 Y+ G; P. nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
7 P, N3 ?0 F* f& a2 h; m( K+ T% m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ z1 A3 m. Z: o/ \
Canada to the time of release;
5 G5 Y+ s7 _* j2 d; _* W(b) the quantity released is less than the quantity in respect of which duties were paid;) W7 E2 g7 G$ A
(c) they are of a quality inferior to that in respect of which duties were paid;% w3 B+ d- ^) z H, s3 p6 ` U2 S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential3 h/ ^9 K) E$ a6 O
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' g9 P% Q: h+ P& Wcase may be, was made in respect of those goods at the time they were accounted for under' |. h& ~; N( A/ O) P- q7 [3 O
subsection 32(1), (3) or (5);
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2 s$ A1 A! f r(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% Y4 K+ j; d+ E& y5 s! ipreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
( M. S0 a% o* u6 L3 y6 y. {accounted for under subsection 32(1), (3) or (5);6 {9 @& t& h6 K/ E% p
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& x- b8 v' L5 F- l e2 h8 n# |(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
]6 {' w% ~& k- D( Oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* V7 v7 L6 m! r- p1 r) [
value for duty in respect of the goods and the determination has not been the subject of a decision
+ n6 B W' P( l& ]9 _under any of sections 59 to 61;) K: Q, Y1 K" X; e3 v: D
(f) [not applicable to non-commercial goods];
' x+ v; Z7 b2 v: Y2 {! @(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 i; v- V9 S/ N' A7 D, `(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* ^5 }. n% j+ uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
5 E1 L3 L3 k( Pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 z6 F2 O9 P' N' b, Q+ ?# z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: N" S4 x/ P' p
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 C/ w! O- V8 j& H. M* x/ j
(3) No refund shall be granted under subsection (1) in respect of a claim unless. Y1 D% o* [: v0 ?9 ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& U% I# U: k+ r( _5 frespect of which the claim is made or otherwise verify the reason for the claim; and1 m- g8 k/ K( q; n* p: X
(b) an application for the refund, including such evidence in support of the application as may be
+ o4 |+ T7 @* Oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 e) r3 Q& u+ h0 ^) I
prescribed information within
3 E. a. C% {( A) k(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! p4 N6 w9 E5 b# f4 x
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and# X1 ?3 t% g& N% Q/ Q" J
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# W4 X/ A* M8 W8 `2 Xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# R# n' v: e: @
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ P ~; m* t& ]4 [9 w5 w
this Act as if it were a re-determination under paragraph 59(1)(a) if" B, R* @1 B5 c0 s
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
5 s0 y7 o& ~9 rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& {" m; O1 A% D
eligible for preferential tariff treatment under a free trade agreement; or
. U) O0 T0 r- `, X6 j" V(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: h5 S* s$ w3 @
because the origin, tariff classification or value for duty of the goods as claimed in the application is8 k9 K8 P: T2 D1 c, z* l% N# \; H
incorrect.$ x! B& A! l w) R
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),' j9 c- T! |$ ^8 p( O& l9 b
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 d7 u3 K# y0 z4 yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 h/ S# C' y" R$ t$ l8 B
were 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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