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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
- E9 A' ^* X8 C& N6 m上面说 非商业 进口 可以免关税?" I8 t c' ]0 z: Y4 B( O
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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# @+ P+ d1 D; o% o* }! IRefund Requests
7 u) g/ V5 t1 n74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ V9 k4 P) v5 { x( [) Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. L7 F( F0 y, Z$ ^: l3 _ [of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) W# Z; S7 D3 x% O
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, v" j# o% K& a( b3 M2 xCanada to the time of release;0 D/ C/ y5 I* c7 V4 I
(b) the quantity released is less than the quantity in respect of which duties were paid;- O: R: ^# x; @% p0 z
(c) they are of a quality inferior to that in respect of which duties were paid;" X6 N" y+ O9 {" C% k5 N
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" Q' r& g2 b7 L$ qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 j% L' B2 A' x/ I* t$ ?
case may be, was made in respect of those goods at the time they were accounted for under
; r5 x$ v: s% ?! _subsection 32(1), (3) or (5);- @0 a1 t- `$ S- {
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, \. W! H0 `) [& M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# R$ A5 j* {1 v: _" }7 m5 `
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ K2 ^( f, M1 h6 ^
accounted for under subsection 32(1), (3) or (5);8 a' h3 y0 J. b7 g X% v
(d) the calculation of duties owing was based on a clerical, typographical or similar error;& g ~, x4 D! ~2 ?& Y0 t
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
i0 J \! [7 D: \6 |; ?3 P# fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ |. L. r- A; _+ q7 o( `
value for duty in respect of the goods and the determination has not been the subject of a decision
- o8 e& i( q8 |/ q9 Q* Sunder any of sections 59 to 61;
7 _$ a) Y5 F6 S( ^" A) q(f) [not applicable to non-commercial goods];
* p' ^" C9 q2 w; ?: [(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) M. ?* ~$ m0 H$ l$ t, ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& A3 j7 G1 c6 G5 pon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 I* U* W$ C% |
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 P, l9 X6 I! m' q" l, a(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim H0 W. s% h- X/ R6 W
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 g7 c) l$ M1 F* a3 W(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 ^3 v2 K6 r W) @% ^6 k- k(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' t9 c" `( n8 s% e) w* e
respect of which the claim is made or otherwise verify the reason for the claim; and
8 f) C! H' c9 K; `7 @" m4 Y5 F* j) S0 I(b) an application for the refund, including such evidence in support of the application as may be7 A" E: g0 x {4 @8 l( a; b* O
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% `: P# \, E3 g; s6 g
prescribed information within
" I( d; P/ ^; k: k& S' I6 M(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); K' A8 S1 Y( V- P5 N
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" u0 U( Z) _% s Q5 g6 U7 L
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- @9 u0 ?$ }9 P$ F' s
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.- Q8 `1 z" O7 b L, H
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ v: `8 ~" q- X' F" j
this Act as if it were a re-determination under paragraph 59(1)(a) if
9 W2 A) s& l. D' `8 R5 [! U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 \& V& V6 w* r! C/ I6 ~; w% Jbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 O3 v2 O% _" O% x: `eligible for preferential tariff treatment under a free trade agreement; or9 _+ J1 y: M6 n9 R9 ?# z
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ M# b" K# o& {, Ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
9 P. @ S! b. ]$ h- Zincorrect.# i9 h* A2 C/ B. N) i: k2 x5 B) p) V
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ e$ ~! u7 F1 r" c; b0 R
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: a1 [. i2 k5 y- G/ [1 U1 g, Z6 pother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' y/ C* i9 H& D; @) V
were a re-determination under this Act of origin, tariff classification or value for duty.' w2 v! K1 q) Q# ?! C
8 {3 U2 J2 o3 p8 p这到底是说可以还是不可以啊? |
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