 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 q, K) Z: w7 |
上面说 非商业 进口 可以免关税?
1 c2 E1 O7 `9 H
c! K% G7 v0 r/ ~2 d; W4 c5 H, `' V" F+ `
% M) ], a& o1 F0 {) Q6 A0 X# l9 y
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( C; n+ O& O+ I' w9 ~4 e1 `
: Z5 e, d L. m9 R( Q; Y) W
6 j X* W; W `( C% T7 XRefund Requests1 U3 C9 i2 N$ u* Y: U: r4 O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' k# E8 `3 T/ v3 ]. }( ?7 ^: Npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 g o# B9 c" ^) a: `
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ B4 U( C& h, q% O! u7 z+ l(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 R6 ~! y& y% v3 a; Q, o0 M% wCanada to the time of release;" P* g5 \$ P2 O/ ?( K+ D
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 p, e& X! E, M5 [0 x(c) they are of a quality inferior to that in respect of which duties were paid;
; u9 o9 b8 f& }# Y5 V: c(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 L1 S& V8 Y6 h4 |) y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
3 H7 {% \% S) p: Acase may be, was made in respect of those goods at the time they were accounted for under8 }" W% g/ A; \
subsection 32(1), (3) or (5);0 i5 O' q- U) @4 ^3 h W
3
) P# O8 _* h+ @) h8 h(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ c! U* e+ d) q. w( H* Q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 q, g% u' ]" ~% l& i& s% gaccounted for under subsection 32(1), (3) or (5);
/ C# i- d$ g) b7 g(d) the calculation of duties owing was based on a clerical, typographical or similar error;- k3 l3 i5 x' R1 ]8 R& p
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' O- ]& ?4 J! j d7 p# wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' ]6 F: H6 l- E8 w
value for duty in respect of the goods and the determination has not been the subject of a decision) j3 I) Y+ r% G# m- N1 e2 ^
under any of sections 59 to 61;: \3 X; A" I2 j6 X2 H
(f) [not applicable to non-commercial goods];
) T! Z" A7 z1 Z+ C5 m' ]1 u# y(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( a3 b* _1 _" }, P0 ~1 f! X* Q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: O- t4 i& R* e0 Z0 d% F" c
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) k3 y( t9 b4 O0 I
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
v4 p4 i5 P0 D& H0 ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 W1 J' s4 ?( m& c. i
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( S4 T' X$ i- {2 j' K3 h' J5 N
(3) No refund shall be granted under subsection (1) in respect of a claim unless
% z2 u. Y/ H) Y' o5 B4 p(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
' u+ R+ E+ l0 r( Zrespect of which the claim is made or otherwise verify the reason for the claim; and. R8 S N9 i, r: Y8 D, m/ t5 \4 w7 V
(b) an application for the refund, including such evidence in support of the application as may be) _, u1 P% ~* ~- y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' _' d6 G8 `6 [3 X7 }" w7 Mprescribed information within x% z. c2 I' m) J
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 _/ Q. [6 y b- M
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; c% i$ v+ c5 `/ P' ^- F
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) T% `, D1 j# B
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 q7 K* Y' I- k* {(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 @: ~( r6 m- w. v2 i% }- P: E
this Act as if it were a re-determination under paragraph 59(1)(a) if, O3 V" X; h3 M/ F/ f& J
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 n6 U! O: b. r, M+ u
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: w% d) k9 ~0 b. A v
eligible for preferential tariff treatment under a free trade agreement; or
~$ q9 r% G8 m) D(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ a. D$ I' f+ L9 Y4 g
because the origin, tariff classification or value for duty of the goods as claimed in the application is& q5 h$ `; O4 z( b3 k) s) t2 [
incorrect.
: D4 r9 p8 {7 E) P(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 X+ o4 n' W4 C$ w8 t
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! p. b4 t" R+ O. b2 |4 y! ] X" g, e
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 D+ a9 E- g8 U+ `
were a re-determination under this Act of origin, tariff classification or value for duty.; F8 A+ ]! c7 `4 g1 G7 n1 J
; `0 U6 L3 u5 T3 E" c' x: `! Y
这到底是说可以还是不可以啊? |
|