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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
3 c/ U3 f! f1 a# x) @2 o上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; n8 Q. @3 A& d' }/ i5 A
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Refund Requests9 V$ f! ? V v5 E& x. O: Z
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" h5 Q* q1 v4 Y+ h' L1 Npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 M4 E# h* ~4 n1 n
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
[2 h9 ~5 W- J d( m9 M(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to9 |$ x2 p0 [) k+ g+ l4 m" ~
Canada to the time of release;
% i6 c9 D4 h6 C. T(b) the quantity released is less than the quantity in respect of which duties were paid;
; {* l* Q" m8 Y" d4 L# ]2 T(c) they are of a quality inferior to that in respect of which duties were paid;* t* g- q7 _# T/ o. L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
]* B+ V+ @7 Y- f/ Stariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* X- b- K3 v! e t, {1 `
case may be, was made in respect of those goods at the time they were accounted for under7 p4 z+ W: b9 h6 `: x% l
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: ?% t, C: ], p! k: H bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ p9 V( P! F" Y- E1 n% E
accounted for under subsection 32(1), (3) or (5);
4 Q }( g; _# l6 z6 L- k9 z(d) the calculation of duties owing was based on a clerical, typographical or similar error;) `# P g! T8 R: _
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* C! B$ q! {1 r* `9 R
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( Y' y- v4 t# N8 V1 D$ H3 R! D
value for duty in respect of the goods and the determination has not been the subject of a decision
" i X5 J) J- T+ Y$ Q2 H( Kunder any of sections 59 to 61;7 l; P$ _: L0 |2 `: J& _
(f) [not applicable to non-commercial goods];! F. i& c/ v! F& P9 J4 A
(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 }) [( c4 G8 q) j1 v
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! [$ n& h# x4 P1 G8 Con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: k! ^' w" U4 S# e- i2 H0 N7 V) Cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% _+ S, v$ R: T3 B3 `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 w! H2 {7 { G
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.. h3 ?' x+ x; \% c
(3) No refund shall be granted under subsection (1) in respect of a claim unless5 q M# Q0 z& D$ D/ b
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. ^& g! ~7 L+ _( T8 T8 |
respect of which the claim is made or otherwise verify the reason for the claim; and( s# j9 J& k( {/ v0 j
(b) an application for the refund, including such evidence in support of the application as may be
1 _ S0 X: J# {; {prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the. j/ x# e/ z! A( W" b! k1 v
prescribed information within! G5 `; V- P8 V4 n7 Y( t
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 C& z" M) R! W2 A
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 I' _; s# n$ z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 l$ s+ d" Z. Z, gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 A! D( y, \" d5 ^" U
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ B# \9 y6 n! `/ p
this Act as if it were a re-determination under paragraph 59(1)(a) if
+ R; \( W/ F, K' z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: t2 m5 N, J' I1 K
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" M, M* G! P o. W; R
eligible for preferential tariff treatment under a free trade agreement; or
* P7 v; _. n' U2 R. {(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% `2 F3 Y5 t; ^8 e4 h: Vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is) W" k. W6 n" r) Y) c
incorrect.* P9 B1 D+ s ~6 W4 }/ h
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ C$ a6 _; h6 h, y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- _& g$ l; Q% q; K, Z' @/ S
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 J" U0 F+ ^- P1 x3 ?were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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