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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* R8 ` C* I7 ]; O+ {
上面说 非商业 进口 可以免关税?/ ?+ j2 q' ]( G$ h
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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# m% \, i2 t" T1 g, R4 h, p* r- QRefund Requests
- g* p/ e6 s+ D74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* J5 h: n9 T: x# v9 u- N2 i0 W. e4 Z) @. Upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* e' J' [! B: {6 I* t2 H( Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* K3 u. y& Y" |; X(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# m& h5 g. n {5 [
Canada to the time of release;
4 k. Q; Y1 y$ z9 R5 b/ f& Y# `1 M: a' k(b) the quantity released is less than the quantity in respect of which duties were paid;* u, Y+ j# }8 {: _- G& K
(c) they are of a quality inferior to that in respect of which duties were paid;
5 R+ C8 `1 K7 O8 p8 A/ S(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 R2 o+ r9 U* A3 ]1 | X- y; d
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 y4 ^3 i: S" M! acase may be, was made in respect of those goods at the time they were accounted for under/ U6 w! D6 g. R8 b' L: \
subsection 32(1), (3) or (5);+ ^) o; M1 |; Y1 `2 S2 @6 T: h6 ?
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! _7 M% K6 ]0 n( v, W+ Zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are- t8 q3 b P+ ]7 d
accounted for under subsection 32(1), (3) or (5);# q. j8 ^* n, j: p
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) G! T4 ?" G1 H3 |+ A8 D; k(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)# q6 _0 T7 }* C H2 P+ A' m8 r
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! u# C) P% q6 z% H2 R4 U
value for duty in respect of the goods and the determination has not been the subject of a decision
) N9 m; D0 g5 r1 S. {under any of sections 59 to 61;' {2 A8 M9 p5 t4 Y
(f) [not applicable to non-commercial goods];$ v- ^. I, m! U0 ~* P2 v
(g) the duties were overpaid or paid in error for any reason that may be prescribed./ B- `+ P* R7 b3 e j
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based2 N6 l# d$ q# t. V" n6 c( `& o+ H
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 T- G/ N3 Z7 S" D+ h. |9 E
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ ^4 x" |4 c! R0 p6 Q8 @
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 Z4 s8 k; J9 B3 z: {unless written notice of the claim and the reason for it is given to an officer within the prescribed time.& { J( v% E6 A2 s& ?! Q+ O# F! M8 x
(3) No refund shall be granted under subsection (1) in respect of a claim unless
' v- i* g7 n* B" X(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ r, E6 N: p- f) I- Grespect of which the claim is made or otherwise verify the reason for the claim; and8 I. A I/ h- z- ]
(b) an application for the refund, including such evidence in support of the application as may be
. R3 h3 [- a& @9 hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: T9 D5 {2 Q' L/ ~' i l+ Pprescribed information within
7 a4 T) M f p+ c(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 [. O" J k( i/ `( E% U% i! X
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' F7 {" }& B( f7 W, m8 S3 n
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 P0 B e1 u8 G" R. C4 D6 Swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ b7 Y C. N0 z+ M
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. P. V8 b% @1 q/ w( Rthis Act as if it were a re-determination under paragraph 59(1)(a) if
/ h; |3 m2 X7 r! z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 x" l$ j5 G8 H& N$ n7 o, `1 |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& `7 L9 i9 [" z: }. t; c* P
eligible for preferential tariff treatment under a free trade agreement; or8 I; w4 q2 h. s9 w
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied S1 Q0 u; B, s4 p* s
because the origin, tariff classification or value for duty of the goods as claimed in the application is
, F3 S6 T9 L/ I8 [% P1 T1 Aincorrect.
; V! p7 i' x4 {' Q1 m(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' @* g, |) s( a2 g(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* f E, ~" y/ S: t' n, ^3 Oother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 `# c4 _+ v- V3 o& u/ twere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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