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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
1 P6 {* r' L$ a; D0 X$ N# z' r上面说 非商业 进口 可以免关税?+ |0 g- x1 N- f5 @
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 t- n7 t( W8 S" @- \
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% F) x+ ^% v$ |5 C4 ?- C. H8 W. dRefund Requests
; T8 M7 H: v7 g$ a2 A+ s; X74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 n) v. H% ^7 q8 mpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ U/ \. i% O; y! ]* r
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if' |' e1 W) |7 x# i6 O; b+ ]
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 _1 k- b9 E0 l7 g _) M' T1 d2 MCanada to the time of release;
$ F; s: V. p; ~8 T5 z X(b) the quantity released is less than the quantity in respect of which duties were paid;; Z3 ~) H) Z7 _, z1 {# s9 w0 v# L
(c) they are of a quality inferior to that in respect of which duties were paid;
) h' b: |# m3 N/ H4 R7 s(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 J1 P8 f" ]5 j! @. S1 Ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the' E+ s6 \' J# h8 k
case may be, was made in respect of those goods at the time they were accounted for under1 g# b0 V/ _' K2 L: l$ ?# D' w4 f
subsection 32(1), (3) or (5);+ N2 b1 H7 u. X% P% G; a0 i
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 c* k: f* ]- a/ zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are. U* U' ^! Z6 M( X4 Q9 j1 G
accounted for under subsection 32(1), (3) or (5);
* k/ [) O6 y! [1 A& E(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 T& p) f; ^( v) O" d2 P! W, K! e5 r(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* Z8 Y( D, `5 H; v6 i1 l
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or- t5 {' w- H8 D W2 M0 e9 T
value for duty in respect of the goods and the determination has not been the subject of a decision: q" `! K( J1 d
under any of sections 59 to 61;
2 G: p1 u9 c* C H5 e& W5 v(f) [not applicable to non-commercial goods];
% k! b0 T+ `" d& m0 ~0 p9 n(g) the duties were overpaid or paid in error for any reason that may be prescribed.' J) O( S% v3 _+ ?! u
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 f- r: H% k2 w/ q" V2 don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% E; y. R9 ]. B1 \. @0 a
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 w1 n- G" u1 ^- L4 y' z+ n. V
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ k9 J6 u" U4 K: v# l+ m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
J4 u; _* n4 I(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 S/ M" L) ^6 r4 c(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" R4 _, _* f! v6 X& M
respect of which the claim is made or otherwise verify the reason for the claim; and, D4 m( d' N! \. |( I, _
(b) an application for the refund, including such evidence in support of the application as may be9 T! H' W8 T0 I* D- }. Z. g2 j2 W
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# L- K9 k* r8 D# A6 {6 mprescribed information within: i- ]) L( [) T. T
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 `) `# R- I7 a- z! {3 r
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( a. \5 c& O# \& g# a9 |
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 R; J2 f* ]. I3 P: f
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 ]7 ~: p! h8 d7 |
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% F P0 z' z5 V' l1 W6 xthis Act as if it were a re-determination under paragraph 59(1)(a) if
1 V, n' F# `" q+ x0 F- a# B7 R(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" w- l& f& a* ^9 [because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not, W; G' [; m* m3 P
eligible for preferential tariff treatment under a free trade agreement; or+ M% s, c+ w1 t0 t8 b2 K" D
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied b8 O& o0 K. V9 S( `, v+ S8 @+ f* Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ w3 f7 o0 m: u
incorrect.5 t9 s$ i, L9 ~9 y$ i9 @5 F# j
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) V* ?# k7 Y1 x' T
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 v1 K7 b% j' L* Y! X8 G% I# Eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# q' o& ?* O3 a" D Mwere a re-determination under this Act of origin, tariff classification or value for duty.
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