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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( b" @5 A. b/ k8 F8 c4 G
上面说 非商业 进口 可以免关税?- N& A. n' F% k+ B# z1 x0 P/ `& h
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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6 \. q3 _4 w% u# b: ^Refund Requests% L6 T2 D0 Y, [3 M% V
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 h0 k1 h8 p1 `" ?# Hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- F! s$ H6 u5 J- x' W b% X. hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 Q5 ?9 e2 ?7 Z8 ~(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 W0 G9 s6 \3 v6 R) @) S% {5 x. UCanada to the time of release;2 s% _/ `/ J9 v5 s! ]* \5 P* u
(b) the quantity released is less than the quantity in respect of which duties were paid;
7 z4 L6 S8 H, ?5 C @- w# W9 |(c) they are of a quality inferior to that in respect of which duties were paid;
% e9 c- d+ d) ^4 Q: F# Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential' y- r# N+ H; }0 M' g
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 U8 C- W6 D) d0 Rcase may be, was made in respect of those goods at the time they were accounted for under8 t' `/ @+ z+ o9 f7 i5 b
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( U- F( `( X2 X$ }- ~( }' z1 N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' O9 Q3 y+ S4 y; e1 J+ Z; d, oaccounted for under subsection 32(1), (3) or (5);4 K7 b5 R) h4 ~* O: W8 U$ `/ ~
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
m% J- f. f; b5 L(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 a7 `& R n ?0 o3 d( ^9 l: Q) H5 M9 n
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 {6 A& T, c2 G7 D3 W$ xvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 |. q0 _( X2 e/ {' kunder any of sections 59 to 61;
; V/ T$ j; _# k; b(f) [not applicable to non-commercial goods];
$ G, B* i' k1 b) ?. k) s g(g) the duties were overpaid or paid in error for any reason that may be prescribed.
& X1 z! I$ m" k0 P( m6 S/ X' T(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# V- r+ a; X; Q* W, W% E! C
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
W+ a4 A, ?* R" Hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
x- i9 A9 z* ~; O2 ^- x( E7 n(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 k$ Y, R1 s! f" cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# r6 d0 K& t5 \* _7 u(3) No refund shall be granted under subsection (1) in respect of a claim unless2 R7 D% I7 u5 ^, S, D# c
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- F; T# X& S U0 |
respect of which the claim is made or otherwise verify the reason for the claim; and
; r* ?4 b5 n) a" S% a5 \% `(b) an application for the refund, including such evidence in support of the application as may be
1 C L# n/ l8 ]& Zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
9 f) g: K5 E/ G, `- U2 K1 u Kprescribed information within
3 A4 U' e* {. }7 O& m" h7 _7 T% R(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
Y/ l9 p0 e9 {$ J5 s$ y; r& q3 `. l/ sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. _( K3 ^% e( |( ?( H(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 `, v! u- I a& K6 [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! H8 U$ q/ q+ R! R! z* l5 R(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; ]8 a4 Q6 v# M+ b. C" x6 m
this Act as if it were a re-determination under paragraph 59(1)(a) if2 [# H7 G( s/ J/ U _
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( g8 }0 ^- u! o5 [8 u8 \
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ M2 I5 }5 Z2 X' }+ B% S Seligible for preferential tariff treatment under a free trade agreement; or8 l9 Q3 c+ l9 A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% _' t% [* L8 X% d5 W9 H0 _
because the origin, tariff classification or value for duty of the goods as claimed in the application is
4 k# ]% H {7 L9 V: u! x( W! a- vincorrect.
9 k# Y- O6 M @. k6 l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' v; z' l9 r+ J(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ R7 p5 @( ?- x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 u3 s" G* ?3 J [$ X5 pwere a re-determination under this Act of origin, tariff classification or value for duty.3 u) Q4 Z) M+ q0 K, B2 ]2 b3 }
, @2 K8 O% `1 k. I这到底是说可以还是不可以啊? |
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