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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. V& @6 y, I4 s% P1 f# D
上面说 非商业 进口 可以免关税?' m+ ~' v# ^9 j- @# R/ \. s
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' X7 {$ e2 P) B& Y/ z, uhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
& Y8 F9 a! @# {74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" k5 L1 I4 Q, n
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ M2 h: \& |0 _( D$ g0 hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 r( f7 t( S/ G$ @3 i( l; c" b(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, }% b l X5 T$ ?0 K
Canada to the time of release;
' ^$ `9 j X c(b) the quantity released is less than the quantity in respect of which duties were paid;
" t5 s( g* Y* o7 v( F(c) they are of a quality inferior to that in respect of which duties were paid;
9 D O- @, Q# S% @) y1 B(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential, U5 k0 J* u2 w$ V; e
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ P8 y* L% y: e/ V, r2 wcase may be, was made in respect of those goods at the time they were accounted for under
, ~3 T- l" A# ]* E/ I& o+ i+ Nsubsection 32(1), (3) or (5);3 j5 D2 \- l) C% b. N2 N
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 k% S3 z% {1 B- Kpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 @! ^* i$ M9 D, I9 H( Gaccounted for under subsection 32(1), (3) or (5);
. k2 Q1 z3 F/ q(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 H2 c& ?2 q& [9 j: V0 N/ G) x0 U
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), G' r# {2 I* q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" e. ?. r0 J8 `% q
value for duty in respect of the goods and the determination has not been the subject of a decision
w' g7 I% [4 r) Uunder any of sections 59 to 61;: |. L5 U+ n: v+ b
(f) [not applicable to non-commercial goods];- k( W* x. n, m; r. r" i
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 y4 y0 j" [9 q( y- W(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 y1 V7 m* ]1 I/ l9 R7 X
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ Y0 O! V* \4 a0 G' ~
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! d( [" U6 |) p' i$ b(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 d! p6 Z) W# w7 d8 eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.1 y* s) R% e; T* M& L
(3) No refund shall be granted under subsection (1) in respect of a claim unless. C* v P- }" C
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 }5 }4 B& u3 y2 }" V5 M, vrespect of which the claim is made or otherwise verify the reason for the claim; and
% s% B A" v* l, l" o. V" ^(b) an application for the refund, including such evidence in support of the application as may be' M# v3 A8 X$ I/ G% D# U( q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, H& W% B8 F6 o8 p. z( N( s
prescribed information within4 [& V; U5 l! u" `
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
o9 u! w( y$ j5 [! f, G; ~/ Cor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' q% z- c, u- C3 ^
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" Z( K# s q# l' d4 D8 vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' z" ^$ g4 _, _1 N) G/ A(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
{2 e! y$ C- X& i7 N: pthis Act as if it were a re-determination under paragraph 59(1)(a) if
' ^9 i- @) w2 t* X; G(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! e. F; t& m8 Q) [" h
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& {. r7 ~; \- `# n9 o2 ]eligible for preferential tariff treatment under a free trade agreement; or
( l* ]9 V0 S9 Q% _0 F1 I+ v- u(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% M/ R3 T, R5 W; j2 B, wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
, `6 a6 _% i1 P# ~incorrect.
- m, C1 L! w& _3 A8 ~(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
& j, G1 B# J: R% H6 _' Y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 U) A- v. U5 k0 ?- D2 g6 sother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ D* B/ O7 h% f. K1 E: O
were a re-determination under this Act of origin, tariff classification or value for duty.
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# v* y9 Y! Q1 b/ L" Y5 f' ?# X这到底是说可以还是不可以啊? |
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