 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# u! G0 |' h1 e/ M: u4 O5 Q, f
上面说 非商业 进口 可以免关税?
( i8 E, H& D' ?6 z7 b
( m* F" w; j5 E1 |5 D1 Q+ J- b3 r; c% k8 D
" D) j$ L/ B( g3 F7 c
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, s" i. w; M* w9 Y0 O6 P% k5 y: I
: m+ Y% d9 R4 A8 ?* Z' {
" E- h, d) A; G: w2 I
Refund Requests, T9 s' |! W& O* J. }+ _' e
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 D4 Y, V/ \' Z+ D+ l) O2 Z
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 y6 u: w* A* q2 D2 [! K
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' L& f& D% g+ u' ~- {(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 \ m6 o; i( E1 z
Canada to the time of release;, e- K' o2 _, A. t: O
(b) the quantity released is less than the quantity in respect of which duties were paid;
7 X/ e/ V8 g6 T" ?" q& b(c) they are of a quality inferior to that in respect of which duties were paid;% `0 l" T/ p4 W( Q2 @
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 _1 t" X% Z: T( s) Z/ s
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the f2 P n* ?( D; {
case may be, was made in respect of those goods at the time they were accounted for under
* w& E8 C% j( J# D: z$ k5 r2 rsubsection 32(1), (3) or (5);. s1 z& N+ G$ n. [4 \& }- O
3
$ A8 P% y2 E6 j(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 S8 I+ \. H1 {' {7 Fpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 c" m: d% ], |# d9 G
accounted for under subsection 32(1), (3) or (5);+ b [/ Q! c: F$ G- t! i
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# Q7 X3 f B% ~0 A A# \; Y8 M" R
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2); |6 [) _; w z' a
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% i0 D) C% G* U) H
value for duty in respect of the goods and the determination has not been the subject of a decision
' ?9 I2 G4 K1 eunder any of sections 59 to 61;
4 F" j; q E0 V% [+ V(f) [not applicable to non-commercial goods];
3 R) O( w$ V/ ` G(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 y, y3 B8 _9 q( \(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" x7 V f. n7 P Son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; [, L ]" }+ G" [+ ^2 {
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 _0 Z4 x u1 h* _4 b1 c: p
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: c8 _6 v( d+ [; Zunless written notice of the claim and the reason for it is given to an officer within the prescribed time. S6 `' B7 N' h; ?& }
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) u* T( _- }+ L/ m( C(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* v- L3 t: X- l+ ?
respect of which the claim is made or otherwise verify the reason for the claim; and, H" Y" V: l3 P7 k5 ^; z5 F
(b) an application for the refund, including such evidence in support of the application as may be
+ P# ^5 e1 w' J# V) bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 ?! Q( c) O8 P5 O0 o3 G" X, o. `" ~prescribed information within* Q. l6 P( w8 q) ?
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 S3 e& \% V9 b) \0 Sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 u1 H3 H2 v2 G/ S(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* p& ~( t4 Q( g& I: e) B
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 v& d+ |9 |6 `3 k* K* h! K
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% b' T }# M9 H% V' m# pthis Act as if it were a re-determination under paragraph 59(1)(a) if
4 h, t$ M9 w' d. L9 y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ h" f4 b" }" u! w- ^4 }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; v/ R+ j$ x5 N( `
eligible for preferential tariff treatment under a free trade agreement; or
9 _" v) e$ V* }. O(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% o7 g8 P, K: K; G# Xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
, Z& H3 U( t G3 h9 H9 M# eincorrect.
! I: p5 j6 O3 l! ~6 X. N) a(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, r: }+ n" X8 G3 c" x(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground( q: e( c2 `$ c( @& x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
2 B# _% p) b5 o. N9 g0 L( Ywere a re-determination under this Act of origin, tariff classification or value for duty.( J8 K& v- Z/ I
! R: b0 C9 t9 c+ i8 b- X8 H& P2 r) g这到底是说可以还是不可以啊? |
|