 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 Z9 h# d; }$ o& }* X上面说 非商业 进口 可以免关税?
" O" J( [3 r: c1 ?# N
: g8 K% j- v4 d) V+ N# o5 t- t! M9 c4 n! n+ T) \5 K; ?4 f
m# Q8 s( H0 ?, [( l w0 k
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf4 q8 V( O) P* c. ]+ }0 Q
6 K3 M' Z/ L% @7 v7 c
& d' J; T4 y9 A/ O8 O3 ~Refund Requests- k/ c7 D0 ~4 b2 x; {$ I
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
+ e! s R1 t# k o+ X$ |1 kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 R g9 w. t- w1 N- A& xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 a! T0 E' @1 u9 j6 s8 Y6 ?$ D(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 O# A' g; b! Z4 j; f/ O7 Q
Canada to the time of release;
+ A; D6 I5 x& |' x) w" L$ ?/ v5 R(b) the quantity released is less than the quantity in respect of which duties were paid;
3 r7 P/ @" p$ h( h(c) they are of a quality inferior to that in respect of which duties were paid;+ C! { a* I: l z+ q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; Q: R, A- {5 k+ q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- N$ Z* Y* H) q, A
case may be, was made in respect of those goods at the time they were accounted for under1 _. G. R5 f& p1 Q/ m! Y, U
subsection 32(1), (3) or (5);' @$ Q8 G! b \ R7 d
3; r- P/ t# C2 B( @8 Z6 |3 U
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. `% V* D$ K9 ?+ F& V( B$ Y3 h8 Hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are; P: I. G h3 Y" u. p% ]
accounted for under subsection 32(1), (3) or (5);$ A; E" [2 j+ ]+ t/ z. x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;' L" r- G- i+ w8 T! h
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), U1 d8 A* \1 g# K1 X3 d9 ^% e
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 l, A, t; ~) X) A3 ^- G) @# cvalue for duty in respect of the goods and the determination has not been the subject of a decision
- @# U: y, C& J* aunder any of sections 59 to 61;2 Q& Y7 l: w+ Z# j' k. ~, n S
(f) [not applicable to non-commercial goods];
1 {1 k( t( X1 ^1 P9 j(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 M: n6 m) K7 V2 x: z5 d(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, p. O1 y G2 L8 f: P3 e
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 ~' j! h* x3 x2 s" |( `( c
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 V1 i$ @& T* g$ k6 N
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 L! Q9 y y" U2 I+ _
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
0 @8 q5 X" \% `( f(3) No refund shall be granted under subsection (1) in respect of a claim unless: ?- |+ ~. |5 h! ~1 z' u5 Y0 o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in u8 a* H5 |# L& u& }# ~
respect of which the claim is made or otherwise verify the reason for the claim; and4 K4 \5 h/ x& \$ K3 X2 t% e, E
(b) an application for the refund, including such evidence in support of the application as may be
( W3 G/ q1 d5 ^) q/ I6 e Wprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
R* T- _9 y6 t- qprescribed information within$ F+ u$ ^# L O, K$ _. H
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- a2 v" h% o. ?0 ~- Uor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& Q* Z7 X; f( J& o; L+ `& v(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 y9 J8 |8 U2 e" z! C5 h$ b3 Xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ M' s( f6 J1 C2 d- X) z+ P(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, C/ l( V1 V6 g* B2 Q0 k: G y7 b
this Act as if it were a re-determination under paragraph 59(1)(a) if& ^+ i0 \" A1 W' H A% k" d; G
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& \3 l1 K! f+ H1 x: t8 o
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ G) I7 D! H9 J \% O9 r: Heligible for preferential tariff treatment under a free trade agreement; or) P" L0 a% k- l: G- z: I* m6 E* {+ h
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: C0 Q; M- K) ?
because the origin, tariff classification or value for duty of the goods as claimed in the application is
j L; O1 w) D, [3 c! {- vincorrect.
6 I0 d- W9 X0 I4 d4 O( k, M9 k% g(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: B+ n3 S4 r! d0 S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 u7 e( D9 Z; i1 q! lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 P7 o# ]: h9 X4 J/ R; xwere a re-determination under this Act of origin, tariff classification or value for duty.
) A& V$ I- }6 W3 M
5 N2 }/ X. n; [) Y: h这到底是说可以还是不可以啊? |
|