 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 G% z( e* o$ Y3 K
上面说 非商业 进口 可以免关税?
( o4 K! O9 Q! z* e) z- ~ I$ g( r5 K; o: ]
* u# O$ `8 e8 D3 S5 a
6 ?( Z8 |, G% n$ E& H- K1 Y# s
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
1 p6 u( s! p7 f/ v g6 }6 c' v7 k% n( f2 j. F8 `) O
/ H1 C. a& v0 Q% [3 wRefund Requests
8 o. H5 N& g+ w' Y( v* O5 d% M74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ @+ A( ^/ n/ r' u
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 X( b0 b0 i! K1 r9 D& M! Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if, o! l* ]8 a1 z+ G1 ?, {. p% o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& k6 c7 c' `$ Q# Y$ J
Canada to the time of release;& n5 N9 G% D- y% ~4 w5 f( p; B. |- U x
(b) the quantity released is less than the quantity in respect of which duties were paid;* U) P* y* G5 V; ]
(c) they are of a quality inferior to that in respect of which duties were paid;# V# l+ c: k7 \5 g! r9 p. p9 X
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 b. V. V6 f: g0 z+ F
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 f5 ~. U. h: X6 B7 {+ {case may be, was made in respect of those goods at the time they were accounted for under
* G# E/ W: b% S5 Csubsection 32(1), (3) or (5);( i% B5 ?/ b- x+ @; o
3/ u" E% Q r0 }- y
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 `; [7 E. N7 G+ h3 f6 M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 j# g2 T5 L+ Oaccounted for under subsection 32(1), (3) or (5);* @2 l4 s B A- r+ r2 n
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 _: ?, M8 p7 ^/ U/ v
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& K" l% V9 s% s& R5 w; k8 x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 z3 S2 R) g5 @8 S/ N
value for duty in respect of the goods and the determination has not been the subject of a decision; p& t& p" c! @7 x# A
under any of sections 59 to 61;' s3 [* f- c/ m+ v9 y
(f) [not applicable to non-commercial goods];$ { q, @. ^( {" _3 X$ z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 R9 s1 F P8 S3 Z, O6 i+ n" Q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" k& l8 S8 J) A- X
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. P" _) g; ~6 }' s- |# U* I! i
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
& o8 n* C# \; x# c% G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! e `0 J3 v: r6 [% j, ~3 ^# n' h
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.: ?) ^, _* U. w% L7 t: ~* i
(3) No refund shall be granted under subsection (1) in respect of a claim unless
# ]! q" @ W- z4 z6 A* X1 j3 i(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% x6 x j5 D$ \
respect of which the claim is made or otherwise verify the reason for the claim; and
2 W" d4 X& p, z4 V N9 c) B(b) an application for the refund, including such evidence in support of the application as may be7 Z; V; @ }2 b3 L1 E$ J7 z5 b0 x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 ?4 Y: ?' X" E# Lprescribed information within; p0 }3 Y& a( \3 \! A! g6 G
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 ]! _ ?- \3 E# ~0 Kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 V( B+ w: e5 ` X# C
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" s% Z8 W8 X/ Hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.- D0 Y0 y4 J& [0 M
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! ?$ `- }0 k+ [9 O* j9 Q$ Z t1 Z& ?
this Act as if it were a re-determination under paragraph 59(1)(a) if3 _3 }9 @& f# b9 U9 D; v
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' `4 ~" f+ p; E8 v+ e
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 ]4 F" ^+ B6 g! n* `4 m9 L
eligible for preferential tariff treatment under a free trade agreement; or
. Y& G8 t. P- a: b(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 F8 A- ~3 M+ @; W- r6 T; sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
4 n' l. q+ l0 t& d/ bincorrect.
4 U# ?; X" K' A% Z. m' ]8 ~(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 q! J2 V* z: Y* c# ^7 A# P
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& [% e9 v6 z4 t2 }% f
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ D1 c0 ~1 y: J
were a re-determination under this Act of origin, tariff classification or value for duty.* l: \. R, r! w: s0 g' X
4 p. f* v3 g5 _7 k4 W& M$ ~# V
这到底是说可以还是不可以啊? |
|