 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; v# W; `! `& S) N! F
上面说 非商业 进口 可以免关税?
+ W2 }6 |; ]* e* ]' C" S( R' y0 P( e$ N8 M/ j
! i$ {" F6 }$ k4 D+ y) s$ M5 r; ]$ L: B9 F7 \6 q
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 e, F& y# [8 K# V8 R0 P
- [1 Z& k& {* b, u
) Y! \( J2 Z4 s
Refund Requests
" c3 D, t) K- Y* B7 R6 L74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who t! a! X* Q6 s. a+ q4 @
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; U- m2 W) L. e( Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& _ G! a2 E* P e+ n- v(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 Y* [3 C# c% h6 a! \7 M" ]6 iCanada to the time of release;7 V$ c& X6 B" e# F8 F: S
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ l( G- Z# O0 K5 D4 {3 N; e1 ~2 y(c) they are of a quality inferior to that in respect of which duties were paid;
) S7 c0 H# l8 h2 i! w, {. j9 S(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 R: K. c- k; t: d9 \
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, ^9 i$ K9 K& g$ b9 H4 i% _4 ^case may be, was made in respect of those goods at the time they were accounted for under/ Z: Y# |: D+ H' U
subsection 32(1), (3) or (5);
$ A8 i) f& I) o. a3( Q( ~+ }5 m! ~& |+ e) n
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for z) Y$ M" C8 ]0 Z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 Q% x% T' Z# k6 [0 r. y/ M2 E
accounted for under subsection 32(1), (3) or (5);
; T/ U8 B9 e1 a- D(d) the calculation of duties owing was based on a clerical, typographical or similar error;% t% b2 ]9 I$ M8 z1 P( t
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 Z2 {1 j3 N( N
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 u# {3 R7 }9 Q& h: D
value for duty in respect of the goods and the determination has not been the subject of a decision
0 a5 M# o O8 Qunder any of sections 59 to 61;" B/ n# s1 I. [( p* ^; g$ a
(f) [not applicable to non-commercial goods];
! `9 _* P) B' _; ^. C# S7 A(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 @! m' P; f1 t0 d& X1 T% A(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 a E9 S( K p7 ^- Q) T1 R5 _ R
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! p7 d4 c# U1 P2 B
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( ^' H( V' b- k
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: |* I u) W k9 t# A/ cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 t" |' h5 {$ `4 w) }% o(3) No refund shall be granted under subsection (1) in respect of a claim unless4 L) y0 |) i* L H. t; l. Z) Z0 [
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 e" b- g" I# e0 [
respect of which the claim is made or otherwise verify the reason for the claim; and9 e* v6 q# s6 Z+ c, ` L
(b) an application for the refund, including such evidence in support of the application as may be
- f$ w k r" y; E8 eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! {. c; V2 w* ?2 K0 E. c7 M; C
prescribed information within
% v3 v8 p! F: Z6 {, L; }(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 Y' Q9 a: y8 R6 a9 I: b/ J
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 L3 r! e# y1 v/ K/ ` F/ }(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) ?# U3 ^: _* k( d8 e2 gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% \/ B# a- Y' z2 _$ o) ~2 }(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ n2 J+ L8 l I1 m0 N
this Act as if it were a re-determination under paragraph 59(1)(a) if
& n8 z! `3 `: \5 \( V) `5 r' B+ E(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ ^+ I0 e8 ^! `( k D* l9 E% A5 x
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) v2 n. @; ]' C7 O
eligible for preferential tariff treatment under a free trade agreement; or, T8 N& A+ M0 A4 `) b
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied6 u" A A6 n k: f& _# T; u
because the origin, tariff classification or value for duty of the goods as claimed in the application is4 @- e$ F9 [" X8 d$ g3 P. r/ @
incorrect.1 {9 G: |6 N% N, N. z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),' O4 A! r4 k+ o* m2 |$ J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 ^( H& R3 S. l+ T" s; g' e
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: {9 o, N% Z; m, g {9 o' ywere a re-determination under this Act of origin, tariff classification or value for duty.
2 k1 u5 P9 w6 H. b0 H ?+ ]! @
( ^$ p: j3 b, _3 J- O# e这到底是说可以还是不可以啊? |
|