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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" T* ]; y& c& D) V. s' T
上面说 非商业 进口 可以免关税?: f7 R7 H% T# k+ q+ `- j
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$ f. H6 e, f& l2 C4 \; ^- p- s9 N
+ X0 H$ X5 K% [( V# thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf: y9 ~' ?2 x2 r+ t2 x+ A3 o
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Refund Requests
$ n$ e- O- w+ q4 t2 u/ G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 |4 D% p- B# k6 E3 Y& k
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: J+ w+ U+ c, ?of those duties, and the Minister may grant to that person a refund of all or part of those duties, if. T& N3 ]8 r, { s) R$ X
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. x2 y# y* `2 P! S `
Canada to the time of release;
8 |# x) i1 J/ h1 i; I5 _(b) the quantity released is less than the quantity in respect of which duties were paid;- T# ~0 z) z9 U, @% x
(c) they are of a quality inferior to that in respect of which duties were paid;
3 ^% S9 s1 F2 H y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
% ^4 B. M6 V7 @" W7 @' etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the: j5 U6 s& `- o) i# \) L: w! ^
case may be, was made in respect of those goods at the time they were accounted for under& m5 o" V6 m) {$ W- ^( W
subsection 32(1), (3) or (5);
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$ v# N( Z1 Q7 [" [1 l% n7 w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ ~0 T6 N) W; vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 k" ]# N" R4 |* L
accounted for under subsection 32(1), (3) or (5);+ t; y, g0 W' G1 \( [
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) V1 i5 O2 `+ i: D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" P0 |2 o( b6 q* I+ T( B7 J1 r4 Bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 T/ x7 `7 A4 b! L3 r( Q, M8 C
value for duty in respect of the goods and the determination has not been the subject of a decision$ [& ]7 _# E: G5 n
under any of sections 59 to 61;/ y' l( q- m: Z/ e7 p3 m0 f' ?
(f) [not applicable to non-commercial goods];
6 W: i" a, y) c(g) the duties were overpaid or paid in error for any reason that may be prescribed.* y2 ~# e3 u: s& i( w
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) j6 W) u" ? q, @+ hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% ~8 p/ p& ~0 M: b. y* M. u# l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
c8 ~' ~& H5 L* n& ~; }(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* u4 A4 S# Y- A0 {+ x* }
unless written notice of the claim and the reason for it is given to an officer within the prescribed time. J. e% ^' }/ C* f+ \+ M, P
(3) No refund shall be granted under subsection (1) in respect of a claim unless
! m* r1 V! I0 q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 c% ?7 i9 g/ p. Z, nrespect of which the claim is made or otherwise verify the reason for the claim; and
9 m% ]: g0 e; m- `! e0 [(b) an application for the refund, including such evidence in support of the application as may be4 u: T: }0 c5 w8 ^1 n$ W" \6 N' V
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# {/ d* Y. p ?. fprescribed information within8 Q+ u. F- z7 Q1 h! m4 x
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ ]6 a( G Z/ N. U: zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 Y% Z9 V1 h; R0 Q4 r/ x. Z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 M( V' H* W( t4 d! d$ S/ o5 I
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; s; R% ?2 i- H(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
n# C0 z3 A6 m | Xthis Act as if it were a re-determination under paragraph 59(1)(a) if) [ e+ n; N. U4 f* E
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: u& P# A5 x: g. `* k: D
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& m* g. q+ T7 T1 Q, H( w: N2 qeligible for preferential tariff treatment under a free trade agreement; or
c6 c* O* M: ~, `+ v3 @- I! D3 G(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 ]3 q4 C( w* X* p! j& Xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is: o; g6 `: g A2 i( P9 U
incorrect.
! b. z& }* s7 d3 R+ P v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ H& v4 z+ r. e! h5 w" r
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ h- o2 Q6 x# ]3 S+ Bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# c) c7 w7 V- c% ^) d4 o7 }9 I$ w
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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