 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 p: R3 ]4 a% R& _: o- g( Z
上面说 非商业 进口 可以免关税?
2 s- \, l! D# u' u
0 b7 H- J* k% r! j5 x- z& b2 J3 t% @1 a/ s- M% ?
@ {* }6 i4 t! D2 d3 Z- [. N: o
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 h2 g- r4 R7 A
7 k, z+ q i' e' z- I e: H* d0 s; Z, k5 Z- x: O
Refund Requests: c9 \! F2 ^. u6 @8 J4 x3 X, h. L
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
y' x( [: {, \) I7 ^$ \5 r: jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 e7 M K" p# D6 f9 z0 X x
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" w5 D& ]& V# C0 b. |7 \6 D. a(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to* `/ d' J: g' W/ T n) W) Z% h
Canada to the time of release;
: X! C! }6 |# `" B3 d(b) the quantity released is less than the quantity in respect of which duties were paid;5 @+ `( C: o z9 T! g
(c) they are of a quality inferior to that in respect of which duties were paid;
M7 I. _, |+ o(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* N8 v7 i6 N# ~3 W1 _! N% X
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 W$ z+ L# H7 ]9 }- O" D7 R5 I- o/ ~& Dcase may be, was made in respect of those goods at the time they were accounted for under6 }7 A8 O8 A9 O
subsection 32(1), (3) or (5);9 f& g2 _1 N# Q t4 o
37 U6 f1 A, L5 { c: S; t' K
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for) S( \; T0 [3 N9 J
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 h9 g* A" P: Y$ x+ Raccounted for under subsection 32(1), (3) or (5);
- K7 l: g9 e5 x(d) the calculation of duties owing was based on a clerical, typographical or similar error;' e+ A! }0 ~1 E6 _
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 v. o- _2 ~& ?of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' S5 {- ^& f8 z3 n4 e
value for duty in respect of the goods and the determination has not been the subject of a decision
~5 l. C" w# Zunder any of sections 59 to 61; L% b3 M3 \# ?* E3 V" g6 k
(f) [not applicable to non-commercial goods];4 V' a0 X& g# E. `4 o
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 H4 R0 b8 _# S2 u% C(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# j' E: F" d$ J! u
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& n& g" y! {' `2 z+ N5 j
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; Y# q/ k2 W4 P5 Z; J& F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 _# y. C5 |/ w$ O) P; P; aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ q4 @) r' W) H/ J& x7 ^/ w(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ ?0 ]+ C" P A(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& s4 W% q; j$ {- E8 r& }' Krespect of which the claim is made or otherwise verify the reason for the claim; and4 f6 S: W$ u G$ D( |
(b) an application for the refund, including such evidence in support of the application as may be
1 r( J# @) ]/ w: J8 Kprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% F! R$ h! T6 R- k' x) Z- zprescribed information within
3 w' k7 M! x! p' n' C) s* [, Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); a( x9 \& K, Y7 U6 |6 x4 e% ~
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and+ z' C f, N* w. p0 X% n
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) L# {; I# n# [* V; U. Z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# x, K, A4 R$ G* P( f: G; c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
@3 C) ]- R0 W, |& e' Cthis Act as if it were a re-determination under paragraph 59(1)(a) if
) A( l( d4 e; M3 l8 M! |; G(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied- F6 r" D4 ]) H! B$ M
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" f. s: `. \) o/ k0 Oeligible for preferential tariff treatment under a free trade agreement; or, [2 f& m9 k3 b& l/ m5 ?
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 V1 W" R. F% Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is# V( r0 d, a- d2 V4 A8 y" r" `# {" q
incorrect.
/ @$ c: C) p+ U- n- H. T(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" d q& ]* K1 _3 ~, ?7 t& w(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 E; a8 c8 w5 d3 w/ \+ E+ q0 [ W" }( ^
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' D% q9 p! M c3 L
were a re-determination under this Act of origin, tariff classification or value for duty." f1 @: `' h. W0 b2 m5 t5 k
9 |' k1 J% C; w% m4 C+ e- q# ?这到底是说可以还是不可以啊? |
|