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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% ^8 d$ |7 c4 N1 A$ n' f上面说 非商业 进口 可以免关税?
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! Q+ Y% e& p. a# ~" L' \; ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 ^- r7 x9 o# _2 g2 R3 M, x
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Refund Requests
! C3 p" Q/ \: g$ `74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% ]" _4 ^& j7 }
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# x' e6 ]* h/ Y( r# r7 u! @of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* ^: F2 m# D9 f# Z% m9 T1 }$ p9 B3 n(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( R) ]& m+ q/ i
Canada to the time of release;9 [+ ?' a1 E& c, X
(b) the quantity released is less than the quantity in respect of which duties were paid;
8 R0 M1 C) }& e- N5 a% c9 A/ y; q(c) they are of a quality inferior to that in respect of which duties were paid;
8 g$ x( D5 T7 d" l(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, o. n# s. {& d+ a G! Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( w" Y; C/ v4 ]2 d$ g) Vcase may be, was made in respect of those goods at the time they were accounted for under
/ C) @3 u& e6 g$ fsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
+ V( O( O& P" H3 n$ ^" _& spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ Z2 z# J) K2 u3 S4 o% Xaccounted for under subsection 32(1), (3) or (5);. e6 g% M" h$ O9 [0 @" N& _
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
$ ^, x* k3 P, K2 a(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 E/ o2 {5 j+ b- Kof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 b9 P8 B! j0 @. W; [+ p
value for duty in respect of the goods and the determination has not been the subject of a decision' E! P: i- w; g i$ x% W( M9 m
under any of sections 59 to 61;
& g$ `( Q/ _6 t& `(f) [not applicable to non-commercial goods];
4 s# s9 f- G" f( Q(g) the duties were overpaid or paid in error for any reason that may be prescribed. d, E# q2 q& K4 J0 p1 z+ Y3 f
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 U' m& J# s j, A! q5 C# V$ w
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: a7 i( f( T$ Z' }& @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' b ]5 ^& H% s2 Q* r6 f(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- f+ O# r; T( E/ N6 r. O6 K
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 l1 j, a3 ?! F2 O# Y: ~; O(3) No refund shall be granted under subsection (1) in respect of a claim unless
, k* \$ e0 }# `5 C) J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in# }8 K2 ]- @3 C5 p T
respect of which the claim is made or otherwise verify the reason for the claim; and
( e7 c# z: x: P% \% J2 x2 k(b) an application for the refund, including such evidence in support of the application as may be: D& j8 L* y( U( Y* T
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 d+ ]7 v# I' W0 f
prescribed information within
. ~" |2 k; s4 v; `- X6 N(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 w% W" q3 {: c6 A7 w' @or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: I# Q0 b% J+ h7 @1 L# F+ V(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ @- {. h. N* H6 Y( y+ l4 z& G, }1 Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 M- k; m9 F4 u3 W/ d; N' e, F(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ R2 P! x; }7 E: q( Mthis Act as if it were a re-determination under paragraph 59(1)(a) if
5 q: y" K$ J! G" a# M$ b6 @& u U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, S6 L. e* D6 o6 _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# m: Q- R. S/ T: Z
eligible for preferential tariff treatment under a free trade agreement; or
8 I5 v8 T ^; ?7 C9 J1 N+ _(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ N; a. T; A' s; D0 y' p- ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
- c- C* B- H V3 S; A- w6 L& n* U) Tincorrect.' s v: i1 z, w n
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 ?# F# a6 U' Z1 l9 o
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 Q( T2 K4 m8 d8 ~% aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% D& w4 Z( ~! r4 t. N" O9 `8 kwere a re-determination under this Act of origin, tariff classification or value for duty.. d$ O( ]: Y/ @4 x
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