 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# _+ r1 O7 v! @8 g m% j! u上面说 非商业 进口 可以免关税?
( a- P# D8 _+ K7 b. U7 l
% f b0 P- q5 S. v- |6 h- Q4 B
: ?& ~0 ]- x# R. Y
- f1 z6 j& J* n" c% Ihttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, c5 r8 | z, {: ]$ f
% I N( W# o8 v: l
7 S2 h: O. S# |. k
Refund Requests
. a) t) v/ k3 S$ h% F! ]74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ Q/ E4 Y6 X# \2 J. O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 j0 D$ c" C, [% k1 v7 c9 J1 Y
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 V8 t# d+ e: i# i. o& j(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- @' r4 B6 o+ `. c5 s
Canada to the time of release;1 x: e, p' d7 b, Y2 F7 j0 T( V
(b) the quantity released is less than the quantity in respect of which duties were paid;
' l6 c5 n( `, x" ]7 W- j(c) they are of a quality inferior to that in respect of which duties were paid;5 }% {# h: E( |4 z
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# o7 @+ o) s, \( v, U
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ R9 G% y7 L" h$ n j2 H, b
case may be, was made in respect of those goods at the time they were accounted for under
( e9 n3 Y& b; S* V9 J4 Usubsection 32(1), (3) or (5);
7 [3 [( p* [6 y$ K; L" [3
5 I" A) U- R( I9 f) X. z(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for$ h0 `, n" }4 V+ h" w- g! ?( I7 g5 [
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ U! c2 d+ A% p" J3 y! P+ R& `accounted for under subsection 32(1), (3) or (5);3 M% u6 d% f! ?- ^0 l7 b
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% X$ o; X1 x2 `; |( p0 z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. m& a1 E$ Q1 F8 Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; s3 H7 ~: L5 O& ?0 Yvalue for duty in respect of the goods and the determination has not been the subject of a decision
' f' c3 r. t. L' C8 Q" m: eunder any of sections 59 to 61;
5 ^8 v8 T0 @! g* a(f) [not applicable to non-commercial goods];8 N: f2 n7 y* y" ` I: {; p$ Y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 y1 }# r. ^ a# J! G
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, x" S! e$ F$ M) v
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' i+ |/ h& `; wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 r2 R- P- d: w7 K" u! S(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, V, a$ h8 m3 ?& s$ A0 |) H. D0 Iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- m* O7 l/ U+ S(3) No refund shall be granted under subsection (1) in respect of a claim unless9 {/ Y. @ X- \+ `5 ^" m! h
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 K' r) P+ q1 x. h4 W# G
respect of which the claim is made or otherwise verify the reason for the claim; and2 B( o, z+ ~! w, _6 K
(b) an application for the refund, including such evidence in support of the application as may be
) |! u* t/ |8 h$ bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, i( J/ ]" f6 Y# Y7 W7 cprescribed information within4 H' K0 `9 n4 j e) J% W7 U
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% o$ c. e* K5 _
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 Q3 y0 }% A+ ~(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' k, s" g- D6 |$ F5 E4 q# mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 B3 D) j9 z |) s7 S
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of) C3 ~5 |0 @: u- f2 e9 U4 p
this Act as if it were a re-determination under paragraph 59(1)(a) if
) y& ]& B+ q/ A! r$ w" e* V(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' P6 X3 ?+ K: z$ p
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 Y: f! m+ |1 \
eligible for preferential tariff treatment under a free trade agreement; or" G1 ^7 k# q" c# k f
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
@* o; c) X1 y' a5 r' ]3 ~2 c4 O( [because the origin, tariff classification or value for duty of the goods as claimed in the application is4 y% T& H; M& l! X2 Q: h" u
incorrect.9 }; ~) W' A0 w6 X ]8 ?
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" s6 I8 }$ p& y% q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ Y/ m" ~7 u5 y8 j
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 _* J# A( c4 J7 k4 y1 P2 \
were a re-determination under this Act of origin, tariff classification or value for duty.' ?7 j; M- R7 I. e- B# b
! t2 Z/ j0 C. r- H) ?这到底是说可以还是不可以啊? |
|