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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ {9 ?; q( q% j3 N5 O7 V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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Refund Requests
1 R1 X" I b+ R; Y5 V' N7 l% J74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 b$ h1 g* E6 _+ k4 a
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 e3 @8 c; u. X7 n9 W
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) [$ L3 y; L# @ D) q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* Q" f+ D% h; @0 p2 n' f( RCanada to the time of release;
5 k8 f p" T; {4 S0 G(b) the quantity released is less than the quantity in respect of which duties were paid;
" j3 r _* b" l) v& F(c) they are of a quality inferior to that in respect of which duties were paid;( A+ W$ @5 o& }6 N' G, l- S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ K0 K3 O! }$ I5 h e6 m5 Atariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ M' T6 B' g+ S+ i$ ^
case may be, was made in respect of those goods at the time they were accounted for under5 Q# ~" e' ~ O# ~
subsection 32(1), (3) or (5);
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1 Z8 B; c" R& C |% r+ A: P/ m(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
+ p1 ^6 |0 h) _preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ v1 q; o& Z- i6 m6 {accounted for under subsection 32(1), (3) or (5); e. T! @- T/ }4 f( A7 d
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ h9 P8 r: M- \" u(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
/ ~8 x* a6 c' K9 v% d7 Iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 e; L% l4 p& M% u
value for duty in respect of the goods and the determination has not been the subject of a decision
( T* m1 {; T/ d9 @7 T+ W) junder any of sections 59 to 61;/ ~5 u( U5 F7 ?0 q& d8 o
(f) [not applicable to non-commercial goods];+ b m' s' W( g" ?
(g) the duties were overpaid or paid in error for any reason that may be prescribed.% p6 N) n2 ~$ o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 \/ }/ E/ N0 J7 U
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ o) D) o( r& f; [this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 [, @ a) D! W$ l(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. e) T( u, t. a* Lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' k5 p4 h) q* l, \(3) No refund shall be granted under subsection (1) in respect of a claim unless4 Y% C" e) ?+ J4 U; i
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 d" @3 o Z. D& `* i% P
respect of which the claim is made or otherwise verify the reason for the claim; and
( @6 A2 `, x- |(b) an application for the refund, including such evidence in support of the application as may be
" P; W. Q E2 d# ~6 j# j9 U1 uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- `2 G" [8 N3 O1 U' qprescribed information within' ^# w9 `" B) N7 g! B9 L2 \
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 o; J8 _- E) w
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 N8 d3 w L2 R7 F6 N& T
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ J5 P7 e) m+ [6 m
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ F$ `! P6 P+ J: l& N( @6 Z# I5 d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) S6 {0 A+ K1 k3 f( kthis Act as if it were a re-determination under paragraph 59(1)(a) if, j. k$ v- W3 n7 D
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, ~) _' v% T5 c0 C# I
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
; E3 ]4 ?* n5 u( Y/ R- Keligible for preferential tariff treatment under a free trade agreement; or
5 U4 `( H; R. a5 i4 t% o" e, c+ K(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; h' d; J! J" D/ w
because the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: l: G Z& B7 f8 m
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
, H5 U* v/ f% j1 ?% I, }0 {+ Lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 e: z3 O" {9 l6 twere a re-determination under this Act of origin, tariff classification or value for duty.; r% |$ Z) Q4 A. t
! Q. Z# h% f. ]! I这到底是说可以还是不可以啊? |
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