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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations u5 w# J \* A4 F% q/ V/ p {
上面说 非商业 进口 可以免关税?
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7 D) r/ G: I% }6 Z/ Whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 W9 l9 N E3 P J' A: y; `' l4 z4 z
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$ v( w& m6 |1 @5 g @Refund Requests d4 b- N( z7 p7 a/ f
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 }* d2 k9 p3 v6 k8 T0 A6 ?' hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: D7 p* O& f! l* vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if1 ^( i! m" b* e" |5 }/ l* c! H
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 N0 I0 L7 Y3 F2 I. h+ O" t6 ]
Canada to the time of release;5 z0 N" P- P5 n6 \8 s8 I. k7 R/ p! t! z
(b) the quantity released is less than the quantity in respect of which duties were paid;
9 g- V3 T9 D( i$ I6 v. [. b: E(c) they are of a quality inferior to that in respect of which duties were paid;4 B' n& p2 j2 G% e; i# x7 r
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 V6 ~& ?. P6 W+ K* I Utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( B0 q6 s$ A* E, e' u9 ]: Vcase may be, was made in respect of those goods at the time they were accounted for under! ^& q; q4 r% v! _, ^
subsection 32(1), (3) or (5);$ E* ~# }9 D8 y2 Y( T3 o
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; P R; [9 w, `/ V
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are ^( Y$ Y0 B9 u( A2 r
accounted for under subsection 32(1), (3) or (5);! d, M! I: f i% u; H
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# ]' c( c! X% W* e* Q& e
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 a# Z# ]8 Y3 l# O- ], ^9 \
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or: y L& t1 j$ w' N; _
value for duty in respect of the goods and the determination has not been the subject of a decision
8 T( r6 ]" S; X1 Z. x1 {% w8 wunder any of sections 59 to 61;
7 k8 m% }, _' Z/ A6 ?) m(f) [not applicable to non-commercial goods];, t0 H4 |9 b- G1 d
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! @/ w. v- z; T- u+ L M(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 F3 {0 Z& z: `. Don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 N8 Q- u- ?% O2 E1 O% E" tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 W X. T/ O& a(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; [ [/ d" ` [5 E, H4 v; y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 C% M: D, ?' u; ]
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 q' X& o, T0 L& ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ ~# [1 x2 ]3 n! e
respect of which the claim is made or otherwise verify the reason for the claim; and+ h( P! M: K( D7 A' n# Y5 f
(b) an application for the refund, including such evidence in support of the application as may be$ e% j c) ?! p4 ?. ^% z( O2 {
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. f% t3 L& G, J5 d" |% o9 V5 gprescribed information within
% Y: x' K2 P% B9 G. q6 g: d5 E(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( ]' A/ ?. G. ]( ^, x; o$ ^or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- t6 o% S9 |% n3 }# K2 t(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! ?0 A+ S0 p' R) s/ k; |3 jwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' T# i! V9 L! j+ ?' }(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 h, ^# i0 L/ r# b0 n6 r; pthis Act as if it were a re-determination under paragraph 59(1)(a) if
( o$ M& M- j3 l/ k9 Y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( z& I& a) m# |) W; m( w3 O) ^
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not v: W" f8 F/ o) ~8 M9 A
eligible for preferential tariff treatment under a free trade agreement; or
8 H' k. v: s7 M! E$ \: K9 T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 `! T+ l- k5 a& e+ `because the origin, tariff classification or value for duty of the goods as claimed in the application is; Y1 X" ]3 i5 e5 u% X1 e
incorrect.
/ u$ l7 ^* @ e4 `" ](5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 i, F* n& z; I9 V0 P; b
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# r; Z$ T/ q/ a3 Q' O
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! Y; ]9 N) m# I; Z, fwere a re-determination under this Act of origin, tariff classification or value for duty.2 U2 J! |% }- Y
' A# R0 E0 Y# X这到底是说可以还是不可以啊? |
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