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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations) I' o2 R* x2 i
上面说 非商业 进口 可以免关税?8 R. `0 n( w- j) |9 ?9 J( P# d% C
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf& @' A" [" r( t
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; @# t/ U/ E9 E& p1 ~% U! FRefund Requests5 d( _1 }2 i3 Z* c) E7 _: |% \2 G4 q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- W* \* y! G$ X4 r& u6 U$ O* Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 [; M+ X8 T" [ `# Pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, T* V4 h$ K0 z, H: _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 F% b$ d( K+ d$ u3 |0 {5 j5 L
Canada to the time of release;; l' `/ { X; K3 f3 c' V9 i: g
(b) the quantity released is less than the quantity in respect of which duties were paid;
, p( O9 n) \ y; z& K5 Y+ X8 b4 ~(c) they are of a quality inferior to that in respect of which duties were paid;
; b5 M4 Z3 }+ z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
% |/ ~; v: N& j' g. J# R! xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. q% w8 M, m2 t) |6 t3 }
case may be, was made in respect of those goods at the time they were accounted for under! ]. ~9 u% S- R9 r/ S* u' K# `
subsection 32(1), (3) or (5);
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' ^, v) M8 U R% W5 n0 p8 H(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) W" n% E/ j6 a, u. a6 opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 ^ H3 ^8 v. r6 J" b' naccounted for under subsection 32(1), (3) or (5);
( \( f1 B' f" o; U7 X9 g8 z(d) the calculation of duties owing was based on a clerical, typographical or similar error;! {5 L2 u% j6 v2 Q$ N |6 u
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
; I5 O* s' }9 H" Y3 B2 {/ Qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' p# D2 z* S/ Q/ l& evalue for duty in respect of the goods and the determination has not been the subject of a decision
; L+ p7 s/ K, J, L+ Vunder any of sections 59 to 61;8 G7 L" M6 e6 m+ e8 H
(f) [not applicable to non-commercial goods];5 L% x5 ^0 y4 j( o" z/ R! b `
(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 g) L5 d! ]4 G1 b# Y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based& A4 f2 {- h% z! r, P9 e; ~" E
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of, y) l3 Y5 t$ k. A
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 N$ i& R' v1 v, m o% R# z( L5 n(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim/ B# H, ~9 X( L- ~) N7 U: z4 B4 `
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' J! x% c4 t3 {( y9 s- @(3) No refund shall be granted under subsection (1) in respect of a claim unless3 Z; l( r9 a/ `$ c6 M, D) i1 ^& w7 }
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 N; t/ L, c7 H7 Z, C& G6 s0 hrespect of which the claim is made or otherwise verify the reason for the claim; and
" I2 p" A6 {8 ?! Z(b) an application for the refund, including such evidence in support of the application as may be% ~' }. M+ Q4 M- ]) O; V
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 p2 r8 U! L D9 f- |prescribed information within
* A% i4 }2 y6 n( I( V3 R/ R(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 X: P3 z$ F% E8 g7 T7 |" t
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 V; r+ y% W: C9 q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 O/ @9 J8 g7 E9 L/ q! F( q( O1 ~were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ T# x, N( T9 S3 r# ^) c
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; I. U' i9 e* @+ s9 I1 K" [7 Lthis Act as if it were a re-determination under paragraph 59(1)(a) if
: x% B& i! x; m- R5 \" d" _3 [(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* X' X5 r; z7 L( Y
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" E5 H" c- N# Religible for preferential tariff treatment under a free trade agreement; or8 j4 `1 N; V: j) o% o! I$ t# z
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 q {( ], f0 ?# @, F; Zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is4 J7 I7 o$ L0 m
incorrect.
8 ~! n/ m* b2 w* E0 V(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
# b, c1 k4 c. O) z4 [(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% W z6 S) ?8 k9 @other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, `$ o$ v" Q: {1 h$ Z
were a re-determination under this Act of origin, tariff classification or value for duty.) \2 t: ~% a. R; M( c# k4 K
5 z# j# j2 p& F* b这到底是说可以还是不可以啊? |
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