 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' T. X1 f$ b! H上面说 非商业 进口 可以免关税?' g+ ?& z7 A8 L5 ?2 E: d( a# v
/ K# k2 Y$ H% {! b! p& s# d$ ?: l% b+ D- S1 O" D9 o
2 D+ F/ T/ ]$ c
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 t2 m- |+ h b2 K: u! Q
4 T' ?1 K6 @! A
* q. e$ J) S8 r( r' T3 Z& r5 r
Refund Requests A2 j9 v* I1 N; F2 [
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! Q0 F4 X5 f# x0 E7 V" Qpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# w* O8 L; r T. I2 w: Qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" }4 _+ t- {! V- L# `(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- I! V) ]) e* r4 L4 q0 P- W' s
Canada to the time of release;
' w, a! H4 o& Y. U8 u+ J) K7 B(b) the quantity released is less than the quantity in respect of which duties were paid;
" a/ \% p$ V7 C8 z2 q4 ~' x1 M(c) they are of a quality inferior to that in respect of which duties were paid;( h2 Z" G) c2 q" u
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 x- g( v( Z% Z# S; f" n x5 B
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 ?* |) V; C) `
case may be, was made in respect of those goods at the time they were accounted for under
& |# }# z9 H9 ?# Dsubsection 32(1), (3) or (5);' [0 ~) }6 l7 s5 H0 q9 T6 J0 M
3- B! s2 J6 l- W3 m: n$ ]" p
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* r5 U: s+ r }! a# N; n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are% p$ H- @1 e0 E' o c+ N
accounted for under subsection 32(1), (3) or (5);5 q. x1 z2 h' Y" h
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, l1 |- A- C& S(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ I, H. j0 S; ?8 W) {3 ?4 b' s
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ s; }( M7 u1 M Qvalue for duty in respect of the goods and the determination has not been the subject of a decision V" A, f" C+ p
under any of sections 59 to 61;2 c; G" Y1 C' w" v/ I
(f) [not applicable to non-commercial goods];. r, ^. s% u/ z9 T
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' ^' D! [. y3 {& i) j(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based8 ~; O8 r% Z0 o1 x7 m# q
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ R, }/ V1 o5 Q% B' @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* G$ R0 Y0 o$ `5 A7 ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; T& z& c" D! J L# u5 funless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! }6 F- }: r) M# h* W(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 q9 \% x2 e5 `6 x) P+ p1 N(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ q( T& [4 B, E8 A
respect of which the claim is made or otherwise verify the reason for the claim; and
( I$ z5 s/ z! J8 K+ O7 D1 h) z(b) an application for the refund, including such evidence in support of the application as may be1 g! I \& w; ~
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- y3 s4 b! u" s; wprescribed information within
# t, _' f4 a) n(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 m$ w# I3 X3 C) J! \; {
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
( d0 r7 J$ Y3 D(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 Q+ c3 K8 S( g, g' X! _# \1 \6 m
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.& K7 u! z% F$ I* K. r
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
7 X+ ]5 ^$ y8 Y, F+ D3 vthis Act as if it were a re-determination under paragraph 59(1)(a) if
% j# _5 i4 Z2 y7 ~(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( b% K* G, r0 f
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not7 B& |- l/ G4 D+ ^& a4 ^
eligible for preferential tariff treatment under a free trade agreement; or2 l0 S7 A! K! ]/ {4 X1 R3 z
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ J* a1 F2 h. g% v( O! k" x
because the origin, tariff classification or value for duty of the goods as claimed in the application is
& _/ f( l' p+ m) _; K0 l8 aincorrect.
. I3 C& Z* L/ @. z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," b4 @8 F" r |# ~9 h
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" t$ W' ?# A: c! f M! v F9 u. rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ P/ T/ q" C+ r/ v6 z& w/ t5 ?
were a re-determination under this Act of origin, tariff classification or value for duty.
6 i$ [% W% m& q6 z6 M+ x$ S
- A2 M5 x e1 j) C+ A1 `! h这到底是说可以还是不可以啊? |
|