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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
3 e1 n* @9 ]" [! Y$ l上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
2 K! ]) w+ u! g) [: C$ b, x74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, }0 o& ]! D$ J3 s1 Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
9 p1 J* s: Y0 {of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
7 ?0 T/ ?" z0 X8 J: f3 E(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; M7 i" E9 y. g, u3 l4 MCanada to the time of release;
/ P4 s+ m! {: L2 i5 W2 `8 C(b) the quantity released is less than the quantity in respect of which duties were paid;
" b+ [* f- K8 v% [(c) they are of a quality inferior to that in respect of which duties were paid;
4 M! Z6 H q/ B0 b9 U: a6 a/ e9 E(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ v: z1 T9 H. X# f" J+ M* |tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 r# A/ W5 S. C6 _" E
case may be, was made in respect of those goods at the time they were accounted for under7 N0 g& @+ N t" l( u0 h
subsection 32(1), (3) or (5);; j9 L8 ?/ ?0 Z1 n" O# U' }
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+ t" V# N0 [ T! s; y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
, L6 j6 N& ^ n' ^) m qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 W# Z' \- L+ J2 L
accounted for under subsection 32(1), (3) or (5);# f4 y5 V" R3 Z9 u
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ u; U' C' @/ `6 ]4 ~$ _(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: [8 N* H$ k4 J3 Y. C% xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% \% _# z- p# h* [value for duty in respect of the goods and the determination has not been the subject of a decision, M& y7 \! c0 b8 n; X
under any of sections 59 to 61;/ j8 D& K! M+ N3 ~- g2 j! `
(f) [not applicable to non-commercial goods];
. t9 I% n. X9 r( ^- s6 l+ D(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ M) O) T9 p8 K
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 a$ Q8 L6 z2 _+ L+ d, G& ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 L4 m7 ~4 y3 X8 |" y" r
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 L' N- e; f7 ?+ A(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& W2 E# N) G k \ H) H* p9 S
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.5 f2 L# x, s9 R `0 P3 b
(3) No refund shall be granted under subsection (1) in respect of a claim unless
2 V$ R( t- c- o(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 g* T* z6 m8 _7 b2 P( b
respect of which the claim is made or otherwise verify the reason for the claim; and6 o+ y: D, c2 _ ~$ h
(b) an application for the refund, including such evidence in support of the application as may be$ c# O, m" o3 h
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) e" N$ A0 v8 R4 A$ z
prescribed information within* |, L* G4 W# W) h, Z. T& i; y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) s, J. w; E9 A- w5 W1 I [# `or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 z- ~6 i) L6 M4 |, d(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, B+ s; O' ~' q6 V3 i2 ]were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 e( e. f* l6 V% l2 I! f% Y( U# c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# i! N% H5 Z# c+ K+ v. \0 q2 b+ ~
this Act as if it were a re-determination under paragraph 59(1)(a) if ~" L$ q6 u" |& ]3 Y) I
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
P3 b8 I/ f9 E! qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% u3 D: Y5 n6 c& M' d8 Ueligible for preferential tariff treatment under a free trade agreement; or
: k$ J5 l @, R& X( u" j(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 _ i. f1 A6 H% m/ k R7 C
because the origin, tariff classification or value for duty of the goods as claimed in the application is) H' C5 }4 J6 L9 o% V
incorrect.% p. h/ Z7 Q& x; t& F1 f, D" z6 z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" c3 G2 K5 i# m0 S, g9 h(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: L9 m) C+ F+ R) r7 }0 t0 l. U; h
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 A; p8 U0 `- p( |
were a re-determination under this Act of origin, tariff classification or value for duty., U! A; E% ~6 l9 I3 W& ?
5 T/ d" y& e! N& k8 U5 x. R3 P这到底是说可以还是不可以啊? |
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