 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; Y4 x8 q$ H$ c* m( x) v% }
上面说 非商业 进口 可以免关税?+ ]0 S W7 q$ n% h4 ~, a( R$ @) c
) n; i# N- v' @
6 y# M# ?# [6 [5 [ s. B2 x3 e; q: b# o
3 K! W" M8 }! z- Jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 l* a9 j; C0 i
. z$ f5 i2 c& o/ y: s
- r, P6 J+ |9 W" L
Refund Requests
! u9 z$ w+ E8 q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' M, T' Q+ x9 Q3 p1 S2 C! E1 ]( w8 Apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& D9 k& o1 T$ _5 M* F! ~of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: w9 d- h0 v0 \) t; p(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 H/ h9 K/ _0 U* d( k& X) ^
Canada to the time of release;
& q$ G% o1 d/ q4 O( p: M(b) the quantity released is less than the quantity in respect of which duties were paid;" k( x$ v( N! g! M; A( p( [
(c) they are of a quality inferior to that in respect of which duties were paid;
! j4 ~7 _' w5 o' ]1 |% t+ N7 }(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- a' y' K# `! s) E: e6 mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) L+ \; f6 K/ w4 ncase may be, was made in respect of those goods at the time they were accounted for under
. l6 Z9 _! N8 xsubsection 32(1), (3) or (5);3 Y7 z/ S' i8 U/ O8 x
3
7 k. F0 u7 u/ {" E(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 J" m# p0 z/ E' W' _1 g$ opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ i/ C- q) j8 n5 h. p- I& j6 W1 \5 _accounted for under subsection 32(1), (3) or (5);
, b) p, G) q0 G! c: ?(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 T' B; a- q3 @0 I9 M0 K# v" l(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). A% {9 Y) v; c# V. f0 K
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
1 Z3 S4 S2 d& H1 ?3 Fvalue for duty in respect of the goods and the determination has not been the subject of a decision
( y5 \8 f1 _6 }$ K! Y+ {under any of sections 59 to 61;
M; S% H+ n8 K1 [) S) B(f) [not applicable to non-commercial goods];
+ X2 i% B8 d, t/ I; q(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- _" u8 P0 h; A$ _' k. Z' I2 A' X(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 C$ y+ Z* F0 f/ X' m2 i: t
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. X' L& j5 O/ `. T; xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# H0 t9 j# f3 D7 |& J. @# s+ Z+ m(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 Y6 e' t; o9 s3 E+ E; [& ^+ |; }/ B& _2 punless written notice of the claim and the reason for it is given to an officer within the prescribed time.- A0 @, O @! y) ?# {* v9 |1 C2 F
(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 H) s) b; Z7 U# \4 w, W z& k7 H(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ G- j0 }% J$ p' i/ D3 Frespect of which the claim is made or otherwise verify the reason for the claim; and
7 L7 E& D8 [# ^$ K) m* k2 V(b) an application for the refund, including such evidence in support of the application as may be9 i5 a. U' u* Y6 J) O0 e
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 P) ~8 @! v. k% N3 G: D+ Y
prescribed information within% E* D/ U; P; k; I! {# \1 b6 p
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* s& K( m6 m. h/ b& n ]% g
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 o& b2 [+ ^% f+ h3 V0 c0 w& H(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: C# m, o7 w: M# c9 W- gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( V5 S9 G( |6 r& w' ?9 x(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' W( F4 [, {0 I3 b
this Act as if it were a re-determination under paragraph 59(1)(a) if
# C) p1 I5 A, k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" I% f+ b. B; J2 |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 H4 m6 |: W2 i0 U7 J, b* N" P
eligible for preferential tariff treatment under a free trade agreement; or
; }; x1 q& C5 j( H& B1 S) E9 i(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
l1 J# l9 C, S8 V( m D+ Dbecause the origin, tariff classification or value for duty of the goods as claimed in the application is4 \) Q+ r6 X* t3 s
incorrect.
# E/ D: x7 N5 k& ?(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. Z" T& r0 f5 o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: J( U' n; i9 J" aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it- g0 I; @6 g3 t' h$ x7 o2 l
were a re-determination under this Act of origin, tariff classification or value for duty.; R& Z2 C' i2 R. P" L8 @
: S" |9 T# M! |6 B v这到底是说可以还是不可以啊? |
|