 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
, a* j" z* y" c6 I2 Q6 W上面说 非商业 进口 可以免关税?
9 R9 Q- C" j; R- }0 Y, y
! y+ W9 |* z7 m. l4 C* \3 P) E2 F
3 C8 |1 W; F/ l" d& Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( D$ s- Y4 I3 v0 }
% u4 x4 [- U. n- d) B. N/ V& j9 {# Z8 r/ i1 i
Refund Requests
* W: c2 v# ]+ [/ y74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 k: D! e' s8 V0 C
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part0 h% s7 ]/ D' Y* {; ?0 P: R6 e
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 L8 s; T, Y4 v1 ?
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. {1 s8 E+ s! E6 w) d* K2 U" }
Canada to the time of release;& [ z5 h3 u& q+ o' y8 L; O0 @& Y
(b) the quantity released is less than the quantity in respect of which duties were paid;
' n \% o! \! a2 H2 w/ L4 A& [(c) they are of a quality inferior to that in respect of which duties were paid;
. ^; |: X$ M( \ |5 ^+ k! h! t* w$ A' e' ^(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. z& u' s2 O/ Z9 K7 G- jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' v# b- M' O* f F9 R! B( |case may be, was made in respect of those goods at the time they were accounted for under! |7 j5 S1 a7 d" o# L
subsection 32(1), (3) or (5);
$ {* D, ] t1 ]# J. f3% T4 E8 B5 b/ t g; o
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 [ I5 |) A1 E/ e. ]. wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ o; `9 \, p [! I U% q1 y
accounted for under subsection 32(1), (3) or (5);
( s& R: ] M, N( J- ], k- I) z(d) the calculation of duties owing was based on a clerical, typographical or similar error;# v4 b- j& l& ~
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. q% a9 v6 ?6 ]- O, _# uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! z. x: Z$ t. S& k$ [ {; Wvalue for duty in respect of the goods and the determination has not been the subject of a decision( a- \& u6 d5 D2 y! F" k) x3 n% M
under any of sections 59 to 61;' }! I) ]& @6 j( ?
(f) [not applicable to non-commercial goods];
( a& A* j6 C% i9 F+ B! @8 [# i(g) the duties were overpaid or paid in error for any reason that may be prescribed.; {# \$ ?' a( P) K2 o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# X) k3 ^- R& o- n" ]
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: a, O5 X( X; ]6 ^# l6 V# d$ v. k
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 i" A% K6 c* q3 H(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, a: U; |) C; H: i' M9 [
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( E5 c4 C# }, x- u8 q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
% |& ^9 m" i) f* M. Y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 O% ?3 ^' O3 ], G
respect of which the claim is made or otherwise verify the reason for the claim; and
$ J, e! B* Y( Z" l(b) an application for the refund, including such evidence in support of the application as may be7 R9 n6 p; ^! C2 o3 u: I( @' v! C
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ f; Q; x/ v: r8 ]7 s1 F# Oprescribed information within, K V6 l9 _; K- a- O$ m+ h, t. D% q7 c
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 Q9 `* J5 H$ w5 V8 d9 d
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* T/ ]# n3 X9 Z% h(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' o5 ~& v$ U8 o; A0 h* G0 K
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 V. C2 U3 f+ q3 b8 S(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. o' B2 Y: m& t9 ?4 ]+ ?this Act as if it were a re-determination under paragraph 59(1)(a) if
`5 O! e0 Z) V# B% [5 b) D(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) u) u' ~ m# |5 j: f& u$ kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 }' e, O1 ^: z: D7 t
eligible for preferential tariff treatment under a free trade agreement; or" C* X B' L. C* n+ |* t
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ Z0 y2 w' o1 ?# m0 j
because the origin, tariff classification or value for duty of the goods as claimed in the application is0 A& |; ^# U: O. q& K2 R
incorrect.9 F% n) [ L8 |8 x
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- B6 Z$ j$ u, _* z) A2 w) {9 W; C(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% g" A- ]2 T/ G: C
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' M$ F3 h, u9 f
were a re-determination under this Act of origin, tariff classification or value for duty.8 ^+ C- m8 C$ ^1 l" \
* G9 k! v& J5 Q4 f1 J
这到底是说可以还是不可以啊? |
|