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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- f) B" _7 p& B. J4 P5 m
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
4 p& l) c& o# j: C74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 ?2 y. k5 }, Z! G: ]7 Zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 C- \1 ^1 i+ ?! e5 }* i, ], Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if) h; J6 D ]. `/ z y4 N
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ ^- y% b: ~ G. C* N
Canada to the time of release;
# s4 V: B0 U0 I1 @3 T, c# n(b) the quantity released is less than the quantity in respect of which duties were paid;8 f- F7 i+ p+ U7 H. o" k- c! a
(c) they are of a quality inferior to that in respect of which duties were paid;7 T+ t' C; G5 Y3 ~3 Y; Q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 o( \0 p+ k9 J `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, f7 u! }% P8 T$ D2 [6 O: J4 \case may be, was made in respect of those goods at the time they were accounted for under
; v9 n6 O: }$ s# Lsubsection 32(1), (3) or (5);
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0 H% K0 S4 u7 b, r4 M+ X' }(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
# r! d& O5 i2 R/ W* Zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' ^' h2 P. r# f+ N9 u' i3 naccounted for under subsection 32(1), (3) or (5);: D0 E$ g/ ~& U- }
(d) the calculation of duties owing was based on a clerical, typographical or similar error;: H C2 k+ A. P; z( q, ]; G
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: A1 N' ^1 K. B0 }2 Zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
, R" V+ x% J% X. j5 Rvalue for duty in respect of the goods and the determination has not been the subject of a decision7 O7 t' e# V) _4 D( E
under any of sections 59 to 61;
' k" A2 r2 Y" a3 J(f) [not applicable to non-commercial goods];- q9 x6 m2 s/ j0 ^- U
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. W& _0 W( u8 C! {% @(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. Q. Q G$ P0 e1 r2 }on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: q! I& \' W1 _this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).$ M- S9 s" E, c
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* {, h4 n! w/ X$ `* x, t% N0 o
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.+ }/ q9 h; n) L6 m' K: l) _0 V! e
(3) No refund shall be granted under subsection (1) in respect of a claim unless
k0 J9 ]' l3 y. D! X(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) D% m+ m; f' S& o8 j6 W
respect of which the claim is made or otherwise verify the reason for the claim; and5 X1 z4 G1 A! b
(b) an application for the refund, including such evidence in support of the application as may be
" C7 X0 N2 G+ K, j j& E7 uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# }0 p6 s& M5 }5 N6 i8 n7 c6 Q" B
prescribed information within9 p0 f. M( f" S0 J
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ P; Q8 _+ v5 e! U. j2 ~
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: M( J' c N0 y9 C! C
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods X/ G; h7 i( g+ d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 o7 ^: B) L3 k3 J# I( Q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- G' ~9 z8 r+ ~, o
this Act as if it were a re-determination under paragraph 59(1)(a) if
0 ?. e/ T) O: a+ l% ?(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' Y% X1 C7 d" J- z6 N
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not N* ?0 ^! D2 h# t. G" O& U% _
eligible for preferential tariff treatment under a free trade agreement; or
5 [+ k* }% R) Y5 t/ @0 ?" W(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! ]. r8 h8 O7 A- [+ d2 ?, A3 |because the origin, tariff classification or value for duty of the goods as claimed in the application is
8 f. `" l0 I, b1 R1 D( Iincorrect.
2 i) b3 I' w) Y# e(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! \2 K: j% @, {( V" N
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 \- Y6 T- L, p6 h% N1 I
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 w# f/ J" K7 gwere a re-determination under this Act of origin, tariff classification or value for duty.& _& z, i# K+ [; s* _
, C o* h5 E8 F0 c5 c这到底是说可以还是不可以啊? |
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