 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 Y$ e! s, y$ f4 s
上面说 非商业 进口 可以免关税?
7 M. P: Y3 k+ R" ], X3 Y% ~
5 W) M2 ]7 S3 U, Z E3 S+ ]! X+ `( _8 J! v) `9 D) b3 k
) y" W( i& `+ K1 j5 m ihttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, g" u& Y, s3 T2 P5 m6 u/ R% ^. s4 @
$ d! B4 X1 k: |2 D, k# f2 n( S1 R4 K2 Y: ?3 f, ]: i0 f Y
Refund Requests
, A3 ?! j! L2 S2 L0 x, {74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 S4 C, `& ~( a( Y( Y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% Q' y( V! h+ c( J; \8 X6 W- k& cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 N. M5 q1 ~+ x" S0 W. ]2 y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 j- a E5 M5 sCanada to the time of release;; u' `0 A4 u% O* E/ X9 a' |
(b) the quantity released is less than the quantity in respect of which duties were paid;
5 k9 G0 L* J: m(c) they are of a quality inferior to that in respect of which duties were paid;
. i* l' t2 r4 }/ @$ C(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 M4 L1 a3 G$ H; J9 C* g
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 \6 ~; ^& a; O T* b; K
case may be, was made in respect of those goods at the time they were accounted for under
0 B- I1 `" d/ l d2 U1 i# ^1 `% i! xsubsection 32(1), (3) or (5);( E, r: Z$ n1 B6 P2 R g& \
3
$ n5 s+ w5 ]6 p* `/ a$ ^(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
9 e) N! t4 g p6 u7 Z( xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 Y l7 y5 _ a; L: E0 eaccounted for under subsection 32(1), (3) or (5);% B# L; r8 w5 K Y9 \. D/ ^
(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ o2 D7 k# L3 ^& o8 _
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 I8 m. o4 X% U3 W; F
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. N" x0 l/ x1 w$ F" T: ~
value for duty in respect of the goods and the determination has not been the subject of a decision
/ j: m- h- t o! Tunder any of sections 59 to 61;7 j- [7 Y& B: M7 o4 _) p/ G
(f) [not applicable to non-commercial goods];
0 I, L" |4 p, u$ l" C; H% ~(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, G1 n( u. i9 Q: T7 g) i! @(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. r6 z7 q. M( k! M6 ` n" Don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) \, c L- b( x% j$ wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- h- M5 F! T* r1 D# e
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; m6 U3 j! z0 g/ G4 Junless written notice of the claim and the reason for it is given to an officer within the prescribed time.( a1 h* \! g" Q9 r! T' |+ E2 I
(3) No refund shall be granted under subsection (1) in respect of a claim unless+ o( c( Q! `: K
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in2 W; n# F* _: t4 Z
respect of which the claim is made or otherwise verify the reason for the claim; and
$ m+ [. u" ]) _(b) an application for the refund, including such evidence in support of the application as may be
G0 c7 B# E6 r% Q% xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! n! e- e6 D: y- o+ ?
prescribed information within
. F( {2 @1 d% u& D5 u1 D; G4 s(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), m3 O0 G4 I4 t$ H* J
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
S9 t* Y" [$ A(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 _2 l1 g" N) X% [3 `4 Q: `
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ |+ U" J7 }- C) i3 r K, r" B
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 }# g9 W, s8 c6 gthis Act as if it were a re-determination under paragraph 59(1)(a) if" P( r7 n% P7 ?; O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied P7 a% Q! i5 G& I& d# ?
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# X. J( |. X. b- ?* `+ o) ?eligible for preferential tariff treatment under a free trade agreement; or
% m0 B) R: |/ b" `) e(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 {5 k. A# L! y7 p# _. w" h
because the origin, tariff classification or value for duty of the goods as claimed in the application is
3 @2 r/ N5 ` `% r+ Sincorrect.- ?8 V+ J! ^ [: j
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 @6 a9 a) N+ a! }% Y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" Q$ B& h5 P1 _) O/ E* Dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it9 z9 x: d2 ~6 `# h7 r( V3 t3 f
were a re-determination under this Act of origin, tariff classification or value for duty.+ L& A9 b# N6 H2 o0 F( y3 \: J
% h( o0 z! _' A/ a* a
这到底是说可以还是不可以啊? |
|