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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 q' K4 g6 s* I" J3 U/ U0 j& s$ J上面说 非商业 进口 可以免关税?$ d1 s* |+ u- `: b
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 z' X o6 J1 K; _- v. N6 y
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6 n* o. |. h1 k/ r% D* Q" uRefund Requests
b a9 o; H" j X74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* g) p0 J* ~, z8 q C
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part0 f6 j- \# m4 q2 G/ U, d! {
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 \# v* \9 K* L; N) k(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* Y: \5 ?$ x3 { I7 T0 x3 nCanada to the time of release;, j4 K+ i/ j% H! r9 t5 [
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 m" Q F6 ^0 g9 B(c) they are of a quality inferior to that in respect of which duties were paid;; H& c* N9 C- o b$ Y7 h5 m
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ F2 o: C. e" ^. S
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 q1 K1 z5 M" k% z! E4 U# acase may be, was made in respect of those goods at the time they were accounted for under
# }2 H9 O6 u5 T" A! n' x, e' J( ?subsection 32(1), (3) or (5);
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8 u5 e) M o# ?. Q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! r2 c* M+ N; b, }0 C7 h! ^3 opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 P, I- Q0 D' N) _7 waccounted for under subsection 32(1), (3) or (5);, g# I# o1 A6 d- w6 N: U4 z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. @. }1 X+ _& a1 c) {(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 `/ X& q* l7 j7 c! C. Z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% q! i0 p2 x/ d/ X% S6 N8 ]value for duty in respect of the goods and the determination has not been the subject of a decision
. J; f T3 \" I4 `under any of sections 59 to 61;/ O$ ? u- L# T
(f) [not applicable to non-commercial goods];% _6 S w- q. U" Y4 j2 i m& S
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, d: c9 |+ v9 x/ d' Z(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ k: F# Q/ c2 c0 T. k
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" }# z2 T) U6 A* v( ^6 q
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
v# {8 y7 R Z' r7 N(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 p, J9 y- F4 x+ Funless written notice of the claim and the reason for it is given to an officer within the prescribed time.
5 G6 l2 H8 d k" ~% A; W(3) No refund shall be granted under subsection (1) in respect of a claim unless2 W0 b5 h! M* e R. K) b% |
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: f$ ^* y" ^: f! A9 B
respect of which the claim is made or otherwise verify the reason for the claim; and
& o- U8 b" C' o5 R7 D(b) an application for the refund, including such evidence in support of the application as may be! |$ D! m! l6 s- n
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 h( A0 o, l6 I
prescribed information within
6 ]$ G- D. b( x4 L: Y$ Y(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). @! r6 R- I% F) |9 p2 g
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 H0 j, C1 D+ r4 Z& f8 T2 F8 P(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods1 W- s1 G/ i2 c7 T5 z1 d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) h/ I* ^# v1 G/ E' x(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 t/ Y7 q: c9 Y% Z6 wthis Act as if it were a re-determination under paragraph 59(1)(a) if7 u% q1 t1 i# \7 q8 r, c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 G. Z% V' T# v" h
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 f% Y* s* U7 p4 D) b0 Yeligible for preferential tariff treatment under a free trade agreement; or
^+ t0 p6 N1 ~, z(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: G: r( q* L% i
because the origin, tariff classification or value for duty of the goods as claimed in the application is
5 F4 g! r8 P* {/ m* cincorrect.2 x$ S1 @3 V8 J, Y
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ d! p) z$ M& W& f" |2 d
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
@" G& e. f- |& ~1 bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 Y/ G7 }7 ^/ Y. K5 O" a9 {4 T
were a re-determination under this Act of origin, tariff classification or value for duty.9 y" B9 I0 l, ]% b
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这到底是说可以还是不可以啊? |
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