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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: l5 b2 A# g5 @
上面说 非商业 进口 可以免关税?1 U: r5 E4 P6 t5 d# i
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- l# z. r& \4 A) @7 I3 Uhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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) j7 F$ m% J7 `. CRefund Requests
; o& L& s X9 c8 k% S0 A. n! A74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ L9 [; b) |- ~( H5 Wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) g9 v: U! l" N4 ~0 D4 ]% [$ bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 H7 C- F% }- _. a5 x$ o4 ?/ I( k
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% }% E5 A& V! U
Canada to the time of release;) `. ?2 {+ ? C- x% K
(b) the quantity released is less than the quantity in respect of which duties were paid;
8 O7 E# F. ]1 k(c) they are of a quality inferior to that in respect of which duties were paid;
' v |) {" e. k* o* z: q, Q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential3 I: t1 ?7 V' E- D
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! C6 b7 v$ K. b* Mcase may be, was made in respect of those goods at the time they were accounted for under
! m/ G, g1 e. [+ d+ |- b& d- Psubsection 32(1), (3) or (5);) Q. c7 S& P* M# D* `# [# Q
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: s; V; P1 D# Y, h8 d" K( }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are L6 L& q, D7 a+ g3 g
accounted for under subsection 32(1), (3) or (5);2 f( x! r# v$ _0 r7 ^
(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ G4 e6 g: R$ P/ D- d7 c3 f1 ]
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( E/ r3 f5 H; ]( E/ o& w. s; u
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' \1 ^ h+ v _! w3 Zvalue for duty in respect of the goods and the determination has not been the subject of a decision8 {4 {: L( Y5 b$ {8 ^" U
under any of sections 59 to 61;
/ w8 J* Y0 E+ k/ e(f) [not applicable to non-commercial goods];5 D! S2 X/ S$ `- B8 D9 l
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 @# Q3 F, h. r& k. g(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. P- ]! b" f" Z# Yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& P5 q) V1 N, p! }0 B" Nthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
?) {# s% C) ~/ k/ V0 C: q, H(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" j! S; p: O6 S( o ^
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.1 i- h5 i8 k. n5 V
(3) No refund shall be granted under subsection (1) in respect of a claim unless7 @1 C3 v) } n$ F9 y R# ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ u8 v* c2 _) p) I2 A* x" e Vrespect of which the claim is made or otherwise verify the reason for the claim; and$ \( V6 S$ R! C* y; z4 u2 O
(b) an application for the refund, including such evidence in support of the application as may be+ Y0 y. @% H6 I4 {
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 l- B5 E( X* S4 W" Yprescribed information within
2 {# @1 j; l1 {, L(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 S; ~2 y7 C7 j7 ?1 k6 r4 p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& ^2 p, p0 C- l) {" f
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) Y2 U! i5 @8 E' r
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* b5 N) d, e. _. t
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) j5 n8 g% r+ v. c1 Othis Act as if it were a re-determination under paragraph 59(1)(a) if' t, Z4 ~2 n" q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( N5 h( N7 e7 a! g. m7 {7 d
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not. |! K1 t; a- `/ `" t; ~
eligible for preferential tariff treatment under a free trade agreement; or
6 f( ]0 a" D1 \( {; Z8 R) ~(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( Q/ E# I4 y7 f* U K5 Xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
5 [$ R7 Z3 l. E e1 Tincorrect.
! I: [, C% m# ]- M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ T+ x5 ^! X0 e- l% S# W(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 f, |+ E" H) T' G5 t0 ~, k' D* Kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 U: g& Z+ b! z" R" ^7 kwere a re-determination under this Act of origin, tariff classification or value for duty.
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( ]6 v! l. W$ j% n! I这到底是说可以还是不可以啊? |
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