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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 M9 G( _$ p. ?6 ~* R9 @
上面说 非商业 进口 可以免关税?
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. y4 Q' L$ v' \3 D1 Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. o; P( p& s! K( j# H6 G R! P. s
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Refund Requests7 u4 |5 m# q( ]/ I, d3 i
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" f$ B. u/ X7 [- B( tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: A( _% D8 Z# C4 xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) C4 H$ l; J* F# K6 W) |(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to4 o$ |+ V7 t3 x+ k0 I+ c9 g( V m
Canada to the time of release;# h+ c W* Z. I6 @' A+ t9 a' Y% X* l$ a8 |
(b) the quantity released is less than the quantity in respect of which duties were paid;
' J5 i4 ^( ]3 q(c) they are of a quality inferior to that in respect of which duties were paid;6 Z" V% r' ]/ T' I
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. A- \* J) g1 u6 ?tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ b# H, @( q' i& y; ~
case may be, was made in respect of those goods at the time they were accounted for under
" P" M9 B [! Bsubsection 32(1), (3) or (5);9 G( }" S' M0 E' x
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0 s. o* C! i) B(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! }: v& q" K& h
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 D( \# o4 ]) V) T* C: z2 w' o( r' T
accounted for under subsection 32(1), (3) or (5);
9 _, i3 ]$ A5 n3 D+ h+ G d& G(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# F! K' x; m' d4 |( }: B(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ a7 f9 w1 k- E/ f3 j* K! E+ r* c
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, M7 Z( X$ i. S7 S9 L. J
value for duty in respect of the goods and the determination has not been the subject of a decision% x$ A0 B! X' y, O/ k
under any of sections 59 to 61;
& i: _8 F0 i! P3 D$ P(f) [not applicable to non-commercial goods];
7 T& `; J& E' \9 F3 t& c" m0 Q(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 Z: K$ L+ K$ l' ]4 J8 V2 J(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based8 Y& Q# i* d% V3 W1 @# M
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 ^* |1 I1 E" M! x# P& \
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 } q0 b5 y( v! m! I8 M(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- e* f- p# p9 ]: m- f* [1 h* y& bunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* L( g+ y; l; P: S5 Y5 o(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ J" U+ k& o6 w1 z- W8 o(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& G3 T) z0 a% i% j% m4 r
respect of which the claim is made or otherwise verify the reason for the claim; and: B4 {% R9 D9 e4 |* ?! G1 p" P$ [
(b) an application for the refund, including such evidence in support of the application as may be
# a/ }9 S+ v t& fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
H, [9 Y5 c# r8 `' L( i, Xprescribed information within
' x) I# n* y$ _6 ]& V, @% O(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); N; ?% ~( i" Z9 v" v2 q2 q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 I% {/ T+ y4 Q5 p! b9 U$ U) h. U(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 S* C- c+ v: W) Y+ \! M; R" D
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed." o0 L6 q( j' v
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 G* p4 m5 u! K$ Q# M
this Act as if it were a re-determination under paragraph 59(1)(a) if& k9 T1 i5 I& E1 w
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 o! w9 _8 v* N4 B4 {+ G
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 j( ~: P) ]8 F, U; u( s, [9 deligible for preferential tariff treatment under a free trade agreement; or% r- X1 Y$ p5 Z% e" R! m" x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 \9 F2 U! t+ O* v/ G- y! Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 s% F9 p+ g0 W6 b$ Mincorrect.
: o1 H5 r! T) V# f(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 v+ M+ q* W/ C" N(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ k% M) ~0 m( ^5 n
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 v: B' b3 N1 [2 k7 D @were a re-determination under this Act of origin, tariff classification or value for duty.# V: W6 L; _: @" S7 }9 J0 v
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