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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! N3 R3 C/ J/ i7 A上面说 非商业 进口 可以免关税?
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/ u5 F" ]9 o, s; X6 V+ L( v3 _9 Jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! w6 A. t! D* E* T: k( ~
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Refund Requests/ @/ d5 Z5 q: y0 o: ^/ V( R9 q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, l4 n# T% _/ y$ K1 ^* B5 ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: }, _& q( F1 F- Nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if, U6 r+ X, \, F9 u7 t
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 y! f1 j7 w( Z) s1 v6 u2 kCanada to the time of release;
; z v( i( d2 T& ?4 m) m(b) the quantity released is less than the quantity in respect of which duties were paid;
( H8 h9 s7 Z9 M" i5 `* g(c) they are of a quality inferior to that in respect of which duties were paid;
# B8 A8 b4 j5 e" L/ P(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ }& q8 L5 S6 ^! V7 g1 J, k/ Gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ H7 e5 N* C5 g9 T
case may be, was made in respect of those goods at the time they were accounted for under, k3 d2 _+ L) y: s: r- ^. y6 {+ G
subsection 32(1), (3) or (5);8 z n( Q* Y w2 k2 [
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+ X5 `2 n& D2 p5 z) P0 P! E) w9 \(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 |$ z& m2 }8 q& s0 ]preferential tariff treatment under CIFTA was made in respect of those goods at the time they are& g$ Z0 b0 x6 j- S3 j! T3 D* t
accounted for under subsection 32(1), (3) or (5);
+ A2 |$ |; B+ N0 M; }(d) the calculation of duties owing was based on a clerical, typographical or similar error;' D8 e- I0 W t0 H
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' [) O- W; j4 P# a' {8 X7 B8 E
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
$ A: Y9 c5 c* x z: }! K2 nvalue for duty in respect of the goods and the determination has not been the subject of a decision
D$ j/ x7 i) z4 ]* ^. K3 ounder any of sections 59 to 61;
! H4 j Y' n, F2 f(f) [not applicable to non-commercial goods];% @' w* b: r! h" J0 I& Y9 ?
(g) the duties were overpaid or paid in error for any reason that may be prescribed.. E; s& i7 X6 M$ c
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ [4 y3 Z$ W9 O' e) J
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 g& l% I( H! l" Kthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ K0 A: u# P2 w1 z# y
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: T3 a! }8 Q7 c& ?( ~6 N9 s
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ |% b4 W' W- l0 }(3) No refund shall be granted under subsection (1) in respect of a claim unless1 F6 _+ W( q) G p
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ W2 M6 _/ m8 v+ C2 ]1 b& L( D( \6 ^respect of which the claim is made or otherwise verify the reason for the claim; and
8 b, D% z; B. V, y. Y2 l$ B(b) an application for the refund, including such evidence in support of the application as may be
! f9 n, N& o( D" Q% x6 Vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: y( k* ^, o6 Y0 [0 ^& H
prescribed information within. p; o# \4 h6 G6 N8 l: n5 z$ o8 }
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). a4 Q* J/ a& N9 v
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: r% G! P' Z3 M" _: H1 H(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 H$ y" X" J4 G# F3 n$ M8 o1 L1 u6 Twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 t( L0 s+ ~# f: v r7 k
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& l' O* U# _) m
this Act as if it were a re-determination under paragraph 59(1)(a) if
, g+ p2 @* I, { H(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 l% c; P4 i ?7 {4 Q4 |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( @. `: y s" U" U
eligible for preferential tariff treatment under a free trade agreement; or/ d2 U3 R1 L6 ]6 Z' |: @
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 Z/ M4 X: N! u9 o( Z' Fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is( d/ ]) h" ?: F. j2 u! F" W5 i
incorrect.
e6 n7 s* ]" ?: H(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ p8 c n# Y5 d! t( w(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& s9 N+ V4 O+ j8 O+ j3 g
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# c' F2 Z1 E" v, z6 p$ fwere a re-determination under this Act of origin, tariff classification or value for duty.8 Y0 q2 H& T7 S) P/ K
- ^, R% v& w* ]4 ~7 R/ h' o+ r8 G这到底是说可以还是不可以啊? |
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