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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' c& G6 Z& O Y: g# c( t1 y! p上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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- m0 D' R) o# y: NRefund Requests1 ?3 s8 _5 K a$ @
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" U; F$ @$ [5 l2 { b m& Ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% k" l# v; f" m6 t& I, o4 hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if& P/ |/ a; m8 o) ]
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ b3 D* G0 W6 o3 n
Canada to the time of release;. N! L: ~" z0 A G
(b) the quantity released is less than the quantity in respect of which duties were paid;
) \" d* b! t5 [$ a, d0 l(c) they are of a quality inferior to that in respect of which duties were paid;4 j e. H5 U* z' q- l
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ q& A# `3 Y1 P1 }/ x+ `9 Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ b$ H6 T4 _& G' scase may be, was made in respect of those goods at the time they were accounted for under
; G8 g0 M2 f. ~/ g& u( `subsection 32(1), (3) or (5);
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, r' t8 K9 s- t* j0 t& W(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ f% N% \; N0 I0 Epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" d& j2 W8 h9 n; U, b3 i7 faccounted for under subsection 32(1), (3) or (5);5 w" C1 u) R/ s- E
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- O( c6 z( q0 w(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) H7 l1 N6 @. P! k0 u/ Eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' T0 e8 @) o( i7 F3 X7 z
value for duty in respect of the goods and the determination has not been the subject of a decision
& U+ @ G$ c! A/ Y* gunder any of sections 59 to 61;
2 u. r) b5 I* P. q p2 l2 }* _(f) [not applicable to non-commercial goods];
& M$ o v2 Q2 ]. f/ \9 A- I+ @(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 x8 ] v3 ~1 n( N' V1 J% D* F(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' e, Z+ W+ `) Z+ Uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 ^! G" R- ^# `( Jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. Z* _3 ?( B/ R' P, [( B(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) Z* m# p' e: u" [# [* k
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.5 c. H$ h, ~9 C1 ^+ i( }
(3) No refund shall be granted under subsection (1) in respect of a claim unless
% a f! ?; S6 k6 t( K3 G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- R0 P- ?( i1 zrespect of which the claim is made or otherwise verify the reason for the claim; and! J) ~! }+ X& j$ U
(b) an application for the refund, including such evidence in support of the application as may be
- B7 ^2 z/ q$ D; r1 u/ dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 p+ ]) z, B" Q; y
prescribed information within
0 [8 _ M& h: ]- ?1 c(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); `8 l4 |+ D; X
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
C$ _) Z1 U/ p$ Q; v8 G& a$ @(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& N* c7 ]; A" q4 twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# h6 c% ?4 W( j4 G0 r( k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* s& _1 N9 `- i8 [" C" i) w
this Act as if it were a re-determination under paragraph 59(1)(a) if
# C' a, V' h7 Y+ J4 l(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ D2 Q2 D% u, W; {8 W$ W: P9 i
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' c1 y3 u+ C; Q- o
eligible for preferential tariff treatment under a free trade agreement; or1 t( [9 U4 r B8 }, V1 q Y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 p H( j D4 M$ B# Q: ]4 ^& Nbecause the origin, tariff classification or value for duty of the goods as claimed in the application is- J9 V! z; K7 [, Z# W/ j; A
incorrect.
# G) _ t, p2 D3 G(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: C$ p+ q1 s& q( P0 e' G/ e2 C
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground1 ]& j0 W0 b# j5 f
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- N- j8 y1 q! i! k) O5 i2 swere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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