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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 B3 L6 T6 ]7 R s
上面说 非商业 进口 可以免关税?4 ] X) ?$ M7 `
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
$ L h2 v9 P1 [74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who p; ?4 I5 Z" S. j8 k! G9 K
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part$ N6 T! d1 ~4 I0 O6 r$ i
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, D$ w0 }& S x$ e+ ^7 L- _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 P2 u' A5 Z; E* ]/ aCanada to the time of release;
* }0 {3 o. y& _(b) the quantity released is less than the quantity in respect of which duties were paid;
8 w/ G4 X4 B, B' F8 y0 n; Z(c) they are of a quality inferior to that in respect of which duties were paid;
" O6 X2 G2 C: |; D$ T" P7 u) D4 w' Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; b1 K, H S/ v3 r+ f4 d( C0 Ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- G `6 h( D9 qcase may be, was made in respect of those goods at the time they were accounted for under
5 C8 \# j8 A; l/ p \subsection 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* |+ Z: y/ W n% O
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 S' {' B2 k- ?
accounted for under subsection 32(1), (3) or (5);
4 z$ }8 s5 y. I* D b" u(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 P3 z% C1 r) Z- j1 k8 [(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) K, `! K2 f: N; G1 \* K, \
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' J. z) u! q$ ?; r& mvalue for duty in respect of the goods and the determination has not been the subject of a decision
; Z4 X8 K5 v# c0 z$ h, l" ounder any of sections 59 to 61;
7 h! {! k9 V, m: F7 g) H/ z(f) [not applicable to non-commercial goods];, ]1 U2 o: @# w
(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 |3 ~- }! |$ n$ r- B9 w: N
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 t$ f: X1 c ?+ son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% m ~ u. ^4 a( e3 p) N+ ^
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ j+ d: e- k/ z# H
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! G1 Y6 A! H. N& A, [
unless written notice of the claim and the reason for it is given to an officer within the prescribed time. y' x, S5 `: a8 Q" G, ^7 k7 W. G
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 b$ L3 U* k: E7 E! `
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 L; u$ X: h( O8 c1 Krespect of which the claim is made or otherwise verify the reason for the claim; and
) R/ C( _ \- {2 [( U(b) an application for the refund, including such evidence in support of the application as may be% D; V& F1 N' c
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) X `4 @7 y0 r! I& jprescribed information within
& ?- J# H( a, m9 [ Z9 R2 N(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 z, d4 ~. u! m* s9 F; y8 e0 D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& \5 @8 l0 y7 c/ {* f# J(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( Y/ F; E% L% Y$ L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, a9 N- _8 M3 T! ]& T! l, I8 Z2 v$ ~0 h- g(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 u2 ? b0 E: p, c9 E% Q6 Zthis Act as if it were a re-determination under paragraph 59(1)(a) if, I' s. L% r% H, d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" d3 {/ \0 y6 O7 S& F( ]7 b5 s
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; V& c+ r: i0 n
eligible for preferential tariff treatment under a free trade agreement; or1 w* C( Y: h6 x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 y6 m1 p! Y# L- [ n, g1 w
because the origin, tariff classification or value for duty of the goods as claimed in the application is
- n; V8 d2 Q; X1 Pincorrect.
" z' P, ^5 Z( i! S' g(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! x1 V5 \2 X, H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# `- [7 O& y6 t3 N0 O; c) v* |' Rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: Y- `1 G- u8 cwere a re-determination under this Act of origin, tariff classification or value for duty.& r* o4 f J0 G. K! I0 j# P6 {, ~! S
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这到底是说可以还是不可以啊? |
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