 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' n7 g. l, D7 q/ P0 g. A上面说 非商业 进口 可以免关税?
0 _/ m, @7 ?6 [/ o+ B: r: v3 [1 S
, W& `" r: T% a7 ]0 Y% `' r+ U
4 E& A, _+ q/ z. ?7 q
; a" q5 f0 `& w. Shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 C$ W8 O! C6 o9 x0 \
6 I2 Y V/ t3 K* E8 B
8 ?/ j- g+ q3 B- T' V* Y0 iRefund Requests) I4 x! g7 R- ~. q t
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 w. ~9 o* D: P# n% \/ ~paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
+ X7 R4 x9 P6 k p8 R% Sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
7 x7 A+ Z" ^+ v: [(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 A- n% M ?: W- F/ E! kCanada to the time of release;
4 q I8 x# e' k7 k* J! Q( l/ V(b) the quantity released is less than the quantity in respect of which duties were paid;' C1 e6 C ^: [/ @1 q* H: F3 ]0 a
(c) they are of a quality inferior to that in respect of which duties were paid;! K( V( g; Q7 q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& m4 b0 v: a$ I0 [tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ `8 i0 E/ m* M0 A2 m; S& ~
case may be, was made in respect of those goods at the time they were accounted for under4 r' L% v' F3 C: Y% v7 U
subsection 32(1), (3) or (5);
. `2 G) B6 `" I; R1 g& n3
% [; n, i5 F0 K1 {$ k# b3 }3 w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for o2 O7 y: T& \% {/ {: l, ~( V5 p
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
( u0 L, J7 r9 G1 p& C2 Zaccounted for under subsection 32(1), (3) or (5);6 m8 c/ g1 ?* j& \
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 c9 R8 W3 o8 B' a& ?$ m# N V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 g% Y2 G' z" _/ f! n& F
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 x, k( t9 j3 f+ p' ]value for duty in respect of the goods and the determination has not been the subject of a decision+ b7 ^/ ~ ?, p7 Z7 A
under any of sections 59 to 61;
) y+ l' g7 z6 I; X(f) [not applicable to non-commercial goods];, e3 i* m# b* P: C5 S) O0 X& @9 v/ n
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
: Q8 _ N8 g; C: r(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 t$ l& _/ ]) | g" {$ A5 a& Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 S! ?2 e* a/ {) A6 u2 u: y" c$ b/ Sthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 Q* u5 o2 G1 Z. @- A; r. q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 T6 v' I5 ?# xunless written notice of the claim and the reason for it is given to an officer within the prescribed time. w7 A) o1 m) _. I G `$ Q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
, k2 _5 N$ i7 A- W2 _& J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 U6 q- f6 t& E, Z7 krespect of which the claim is made or otherwise verify the reason for the claim; and
8 X/ y9 ^# ~" S# N: g" R) I(b) an application for the refund, including such evidence in support of the application as may be
: b% F. o9 x kprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( @+ i# D' @0 u2 k- Z; [* k
prescribed information within0 f& v9 K4 q' {0 B' y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 n. g. q0 P% ?# `or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- y+ r9 `" q2 w, c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 `5 ]: a( h: k0 Y
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ @) I" p7 Y9 ] S$ }
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& Y& L o: R w# i0 Vthis Act as if it were a re-determination under paragraph 59(1)(a) if9 s9 {* U* D% h9 Y2 v3 _4 v
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& y j1 K" a% e. w& o6 z* a
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
~/ d/ |' U H! Oeligible for preferential tariff treatment under a free trade agreement; or
. L# r3 d0 Z! [5 i(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 n' h' ~( W( R4 L
because the origin, tariff classification or value for duty of the goods as claimed in the application is
1 ~, H" y4 x' p. W# }incorrect.
1 J6 R$ B0 [0 Z2 Z* k' b1 t(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 R4 F! B4 w1 ?* r+ w$ _2 ?! _(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# ~6 H, r" x8 z% T l1 D# H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! ~ x/ k0 |! M# `/ T- W% D3 J3 r
were a re-determination under this Act of origin, tariff classification or value for duty.& h4 A' x; \& b$ J
' [9 W" k$ y$ s0 E3 H
这到底是说可以还是不可以啊? |
|