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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& g4 Q: H( c0 H4 P4 h上面说 非商业 进口 可以免关税?
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6 X/ q& o1 k6 b$ a7 |* M6 _http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf- a' e- F$ g' m6 W; ~
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5 Q3 f( G* ~" L4 B7 qRefund Requests. s, E3 ~ }9 R; d
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who1 @: \/ b; k" r( j
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( d7 _/ j2 I6 p6 T1 r
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, g3 w. E9 j) K3 X, K, o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) }, b( k( s8 Z* T3 QCanada to the time of release;* I' _9 B9 F/ m; \7 ~/ L/ N
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 O' s9 T' W4 V" E- h(c) they are of a quality inferior to that in respect of which duties were paid;
4 P* u2 I+ U8 I4 |2 _1 @! n(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential O; a& l& m" U7 ?1 N
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* Y# U w% V0 J) F
case may be, was made in respect of those goods at the time they were accounted for under; x! w$ a1 \" D# S0 a! g
subsection 32(1), (3) or (5);3 r5 f3 b) V" ^4 ?
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 l& v9 s% _% w& R8 Y0 o7 p4 x
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 p& o2 \; w8 t' O; @accounted for under subsection 32(1), (3) or (5);
& p# I9 c- N1 I# V+ M(d) the calculation of duties owing was based on a clerical, typographical or similar error;: n2 L9 d; e# s! V) _+ j
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 h- e) b1 ?: U/ G+ a$ zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 w* V+ T8 T6 I- m3 h- W
value for duty in respect of the goods and the determination has not been the subject of a decision
_. G( m1 F9 o) i7 D$ E0 R. _9 punder any of sections 59 to 61;
! B& O% f) u/ H7 T(f) [not applicable to non-commercial goods];% l) P& M. I, E# z, e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 s* V& I1 Q1 T4 v# m+ B% w8 x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based- @' Z. x1 F, i: y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- k1 `) N; Q7 N; d8 H: `6 b v% M
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( i/ Y$ E8 K: d& i6 h) ](2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 K5 h3 Z- B- Q7 ?
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 O/ l5 B- y1 _
(3) No refund shall be granted under subsection (1) in respect of a claim unless" |, |, a# B9 U- a3 G
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
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(b) an application for the refund, including such evidence in support of the application as may be+ G' H* q, d" K# A
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) L: z" s* a) h0 X* z6 u* k( Cprescribed information within! C& c! P4 T$ ~
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, x8 I- t& a" f3 R ^or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' E% L5 A+ M& v& J. ~( G5 W(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* l8 q* G5 y: h5 N& T8 `' ? t
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- j, X0 c$ Y) K4 Y. a9 k) }6 s9 k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 _! a' q8 ?) N
this Act as if it were a re-determination under paragraph 59(1)(a) if
* I0 V. b, p/ `$ d2 U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, m' V' e' ]0 ^. ?
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! ^. u% f* T; ]/ aeligible for preferential tariff treatment under a free trade agreement; or8 \3 ^+ S% @+ S+ [& R* J; Z( v8 W, p8 \/ A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ E' M: k2 w0 a/ ]2 y/ R% wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is& T9 [& F/ p/ b* U& J3 U- n9 ]+ }" u
incorrect.* K# }' ~( T0 A$ {
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ Q/ \+ I9 }/ t) S( s(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 T$ `6 b0 N0 H8 Nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% n: Y, N% V" G) h/ U
were a re-determination under this Act of origin, tariff classification or value for duty.
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& l, x. U* r2 F6 K& p这到底是说可以还是不可以啊? |
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