 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 O i7 R) A2 f/ a/ `# L
上面说 非商业 进口 可以免关税?( E* ?) E7 K7 |/ N7 |
& w7 l) j$ v4 h) F6 R; M0 ^3 ?- H
2 T: _* i1 ]$ H& f
5 D- Q9 a3 L$ N6 t0 v
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
4 K; }. w2 c t' v
& o- ?9 Z, H/ h) ]9 C9 x. [: x( R! l, |, f6 w
Refund Requests
# C$ ~% A( q8 t8 S( q) U9 Z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; V+ U# [! R: Y6 d: s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 a* s/ w, Q* M3 I, i) Dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if p2 l: g$ J4 [6 E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 p; Z" S' m* ]4 \+ nCanada to the time of release;
) M# g6 r! d+ k* _(b) the quantity released is less than the quantity in respect of which duties were paid;1 X0 j+ `& u& A/ A6 a
(c) they are of a quality inferior to that in respect of which duties were paid;
! d ^& I V) Y* S, i! V8 Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 i8 i T T0 {9 j1 ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) a' m5 H# p% j" \case may be, was made in respect of those goods at the time they were accounted for under. z8 Y( K3 J# f; I
subsection 32(1), (3) or (5);
% w$ w3 N. y( Y3; M' k6 \' ]) g8 N, f+ z; p
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- J A. f& A) zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) H5 [& g. y/ f0 }accounted for under subsection 32(1), (3) or (5);! ?; _/ s' ~$ R0 a9 N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 t9 ^, ?. ?9 e2 d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) A+ j- a7 F0 p3 d- C5 B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" ~$ Q5 B) b- _5 s6 S7 _" gvalue for duty in respect of the goods and the determination has not been the subject of a decision3 {/ w2 L! L* G9 z+ s* b
under any of sections 59 to 61;5 t4 S2 w6 E+ U7 K
(f) [not applicable to non-commercial goods];: l6 ^2 w8 f$ \; Q* A* e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( u% b9 d& N d5 `4 _(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
5 |4 |% Q. G* f' g9 h6 x% @" Ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 v- R* R2 P+ Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; w7 g5 e5 g n9 q3 I5 Y- d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 ` t' z2 }5 N6 I$ ^ J! }unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
" y7 g: i$ A* J% l0 M. O( v(3) No refund shall be granted under subsection (1) in respect of a claim unless
; @( ]- @, `; @7 a9 Q' m$ c(a) the person making the claim affords an officer reasonable opportunity to examine the goods in0 S3 m; ?; z5 R1 R3 j* \0 O
respect of which the claim is made or otherwise verify the reason for the claim; and
3 C- Z$ W I' t8 F. `(b) an application for the refund, including such evidence in support of the application as may be, I2 m5 X) P ?" Z; C& u
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the e5 I8 L/ y/ Y! j* h
prescribed information within1 j0 g: D! w/ W7 a+ F* j8 p% d
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 F$ m% d9 m' Qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 N2 D( W$ g/ {9 E9 J3 k
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 J+ M; g, }, I% o1 a8 I: ^were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 Q& o7 w! B( _1 Y+ ?
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, c0 F1 U0 n. g$ y! w
this Act as if it were a re-determination under paragraph 59(1)(a) if
+ D0 m3 J1 h8 @3 `9 x. c. z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 B; J# q9 y6 l8 i/ t
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 X9 p1 c0 Q) E/ y7 f+ Zeligible for preferential tariff treatment under a free trade agreement; or# J. i: {: p, o3 c/ }5 u( P
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' Y6 }7 Y9 y4 @: t; xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
: k1 O4 u! p) W& C" G& e+ qincorrect.+ p# w$ g! k0 S2 G9 L" ?0 u1 x+ h
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 s7 B4 U+ ?; E(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& W% R _( V. ~" d3 p C* \other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it9 J" h/ e: X7 ]) [4 T& l( H
were a re-determination under this Act of origin, tariff classification or value for duty.: t& n% u6 i! @
2 [& f! C0 t3 T# X' }这到底是说可以还是不可以啊? |
|