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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations+ h& F" k3 n3 M4 u: j$ W2 W
上面说 非商业 进口 可以免关税?# i7 q$ k E; v% P Q1 P, U g: C
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# G5 e+ `: m( h3 ?7 y- nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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& {5 [) \1 A0 s& V9 w8 FRefund Requests7 G. v$ p6 T3 m, d3 [- T* O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. ~* ?$ D4 l: F
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 ? |9 V6 s9 ^$ Rof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 E' p* U2 q5 V5 D# A+ j(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 ?+ o: g/ J9 d9 l# N1 oCanada to the time of release;) ^7 j& g: o% s; F1 }
(b) the quantity released is less than the quantity in respect of which duties were paid;
% @2 m- k6 _) q3 s+ }5 @7 T(c) they are of a quality inferior to that in respect of which duties were paid;7 o. \! K2 k' [: w, ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* ` u) T0 V7 r: |/ I# s8 }tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, `# I7 ?# i* k- s9 [' N9 n p( o
case may be, was made in respect of those goods at the time they were accounted for under
6 H( D5 |2 ~; W& ysubsection 32(1), (3) or (5);" G/ F* ^* d7 l5 @' ~$ R. i: q
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0 b4 g0 [' d3 d7 S# Y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 e$ [: j4 j; z8 ?, T( {8 t* |: N5 |preferential tariff treatment under CIFTA was made in respect of those goods at the time they are b. C+ x9 f* ~6 m
accounted for under subsection 32(1), (3) or (5);
. a( z7 J. h4 i, r(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 H1 I) I1 _) a+ O( _- P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 u3 |& Z$ a! y" d- b7 X5 q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% W+ e+ t5 P7 G6 u
value for duty in respect of the goods and the determination has not been the subject of a decision
) N# C! C. [( `8 funder any of sections 59 to 61;
" Y0 @+ v4 H% ~9 J(f) [not applicable to non-commercial goods];* P7 N5 u! |8 q
(g) the duties were overpaid or paid in error for any reason that may be prescribed." F7 l6 i) T' n' h. X4 ?
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 x( i, C- r: ~on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& O: I% a1 f0 d, q+ A" V: k6 ]* V! a
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. r: Z' o8 {6 Q9 M4 U! u! p
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ q8 m7 p2 v7 D+ w |unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( N6 Q9 T5 U" }1 H(3) No refund shall be granted under subsection (1) in respect of a claim unless( t- [& k1 e% T. \
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
' Q" {/ T9 `8 e. o1 lrespect of which the claim is made or otherwise verify the reason for the claim; and, N( r4 j r& s @7 T! Z: H
(b) an application for the refund, including such evidence in support of the application as may be! P4 h/ t5 h1 |+ b3 ~: o7 M
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 s2 K% Y8 Q2 q$ B* m( |6 T; _
prescribed information within {- a L1 R# t& U9 f5 I' t& x" l1 N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
* l9 X- o6 X4 w e, x0 kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% C; c% V" i4 B8 D( B: b& L
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) p7 ~' ]% U0 F$ f2 q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; ]8 F! ~5 G0 o(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 z; V. Z: M: }" e! ?! |1 j
this Act as if it were a re-determination under paragraph 59(1)(a) if
" w/ `* {* u7 l- f P4 w$ Q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ t, I0 P9 ^" @! a* c+ ~because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 G5 D7 O+ \* y+ {% ?6 deligible for preferential tariff treatment under a free trade agreement; or
) ^! x L$ t6 k(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, i; [( k- W( P* V
because the origin, tariff classification or value for duty of the goods as claimed in the application is
- ^) {+ b3 _$ G, x, \incorrect." E5 ~: }* C) ]* {- j# N( \4 Q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: f! L8 B0 A% Y$ V9 h+ F$ `8 {(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# D1 J6 L0 m8 s' O( dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ f1 L% v# |6 o# i
were a re-determination under this Act of origin, tariff classification or value for duty./ N8 B+ f' w! O+ H
2 {+ d, Z; \' F& S这到底是说可以还是不可以啊? |
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