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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! S7 y. K/ b* v' E4 R v0 i7 M0 A上面说 非商业 进口 可以免关税?* ~0 y, ]) T* V6 D
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests8 a. r% d, J L. X4 C
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* D; @ D {7 h2 t# @( q
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part! c! |/ x8 _) J5 R9 c
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ A3 N: i" @- O9 u
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ |' {/ P( w, R4 f. r" t3 o
Canada to the time of release;
+ s/ h+ V: I* c, F, i( d(b) the quantity released is less than the quantity in respect of which duties were paid;. k1 t7 c" v0 k& W9 \2 ?5 c
(c) they are of a quality inferior to that in respect of which duties were paid;
, Q' f a7 ^) A, P(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- w2 X/ @" \8 U R8 ?! G
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* z2 [" N# M8 ~( I- Y/ `
case may be, was made in respect of those goods at the time they were accounted for under
q; }4 q1 u# b& Q5 n9 _/ m. Ksubsection 32(1), (3) or (5);" E3 Z+ c+ R+ t7 P
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. R, u' c* A& n3 x: J9 i9 D1 }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. x1 K' j8 Z7 c7 caccounted for under subsection 32(1), (3) or (5);6 r" {3 z* g" S9 B/ u8 C) ^
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 m# D3 W n: V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% X" P! D, [9 ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ M* l' Z. z9 b6 W5 F% [
value for duty in respect of the goods and the determination has not been the subject of a decision
7 p/ K9 Y6 O- G$ q& S, Runder any of sections 59 to 61;* K3 l, f( g) [1 g) ?/ V
(f) [not applicable to non-commercial goods];5 M/ d9 L, P' s1 n
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* M9 A. [5 @) k) f$ Y% R, y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ v' V, S! Q% f
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 s6 }( s& P! G- c0 y& m
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) |( f0 {7 L0 _1 v. N2 c$ \# ~6 y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: ^1 U4 ^ Q4 w0 Iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 C7 V& n) Y* K- D(3) No refund shall be granted under subsection (1) in respect of a claim unless. s0 _6 R, b: F! j- W
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& e' \' S j- P
respect of which the claim is made or otherwise verify the reason for the claim; and9 m. h4 J0 M, f
(b) an application for the refund, including such evidence in support of the application as may be" e9 U( [* Z( [
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
3 A4 s7 ^ \" f$ G) c. v2 Nprescribed information within, A$ h9 e1 D& r
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- e. p/ E. T, K9 N0 kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 y7 t0 u Y! G% B5 G
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ r$ G/ S; }6 y/ l0 E+ c- I& Dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) u/ J ~" Q/ a3 V; A& N
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 K3 p8 P. e3 _$ j4 d) z
this Act as if it were a re-determination under paragraph 59(1)(a) if
! a" f1 N6 M4 d5 h- G(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, W, [ l6 _ g7 g7 F, Ubecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! z7 b# r3 f, \& n; d6 qeligible for preferential tariff treatment under a free trade agreement; or+ F) j* |, K8 a0 c
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% H9 t8 y/ L" W+ k' S) _
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. u# y3 @! k' ?& T* ]0 Cincorrect.1 m' Y! Q9 h; G' i7 D: \7 j
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 A# P) I! E3 s- U(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; ]+ a3 y, t' C
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 d2 K( A# \7 s& ]3 }were a re-determination under this Act of origin, tariff classification or value for duty.
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# I" |* {5 L2 ]这到底是说可以还是不可以啊? |
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