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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: L7 F! }( A c& t2 L/ P1 z* R
上面说 非商业 进口 可以免关税?
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; |3 r Z0 L( c3 O- Ghttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! t$ z- [9 _3 h+ ~
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Refund Requests
1 P7 Z2 m! l. ?& l) v; G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! ^7 Z8 R# s0 g5 h0 g* E7 G8 wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" H+ p2 o% v J2 R
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 e5 P# B/ \ W0 n# k(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: j7 R8 L+ e0 g, O
Canada to the time of release;
/ ^" g6 c0 c; P9 C(b) the quantity released is less than the quantity in respect of which duties were paid;$ m L* L% c$ Q; _' c
(c) they are of a quality inferior to that in respect of which duties were paid;& y9 ~! @5 `1 m/ U
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! x) ~6 a2 X8 o* Z! F0 t( ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
9 z0 ~$ J9 `3 acase may be, was made in respect of those goods at the time they were accounted for under
8 Q3 E ?0 ~6 P5 _* csubsection 32(1), (3) or (5);
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+ R& _+ u8 F& b7 t(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 u! |/ ?+ P1 ]) a0 w+ @; }
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) X( y6 H0 w; m0 U: ?accounted for under subsection 32(1), (3) or (5);% L' N& r; P; d: J, G6 p
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 {! R! j& N2 p* V* i% R5 u9 E(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, d: K) Z# b* F1 E. b. |5 V( Dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or# e4 T3 l$ [; N5 h3 k. K
value for duty in respect of the goods and the determination has not been the subject of a decision
7 X, l, R( b% q) kunder any of sections 59 to 61;
+ l' n! N# N& w' Y' j(f) [not applicable to non-commercial goods];% d- y# S9 q$ E" [4 A. y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 a% j2 @ k9 |(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; t9 b& u4 g3 T+ E. I; s
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# J$ x! J1 P4 y1 g2 [
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: h. D' m% f& f$ z7 T(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 J9 x3 t) @7 L) X5 D5 q* yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 m, t0 X9 y0 w2 J: }1 L
(3) No refund shall be granted under subsection (1) in respect of a claim unless z2 g' D4 q+ u. h. k8 U' S/ o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in2 @! Y- \, D1 A* P, A( ?+ r0 E
respect of which the claim is made or otherwise verify the reason for the claim; and7 ~6 _+ K9 r7 j) u; l& A
(b) an application for the refund, including such evidence in support of the application as may be. N+ c% U/ f& ^8 Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% ]+ j5 ]8 k' Z4 m" P# G' S5 {( Y v5 Xprescribed information within
9 L( S1 o, n/ H5 G0 k(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 Q# k4 K! l# B- }
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 n, ~9 b: I1 g$ Q; D+ |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 L* N# A. ]" U! D0 Q' v: p3 b" k
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* m% a. P: {1 g& t(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: P. n7 j' ?! I" o0 |4 f# d* n
this Act as if it were a re-determination under paragraph 59(1)(a) if6 R4 D! s' K+ L, J% f/ z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ j) Q6 [3 S- m/ A
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% S; s' @* n# D B$ l
eligible for preferential tariff treatment under a free trade agreement; or# \6 m; _! u% j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ @/ ]; `# ]- [; b* A9 } Rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is4 X; J5 ?/ U5 n. ` l9 B' H( |
incorrect.
, m W4 _1 e2 U+ M1 A9 u% i, o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, v2 X* |6 v# i* N
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" A, P! ]/ D) P! H# W) s( m6 y. l5 h2 Lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 Y L! Y! ~9 }. ?2 mwere a re-determination under this Act of origin, tariff classification or value for duty.) f9 o8 ?& b4 N% r# K
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这到底是说可以还是不可以啊? |
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