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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' u( Q9 ~4 T# F( F
上面说 非商业 进口 可以免关税?
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1 ?* U# [, M' H s* E& |http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ G' `/ Y4 \/ B1 y
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! F* W& C" x$ M* Q9 M( x- D9 oRefund Requests. g2 R5 e/ ?/ ?, V$ x4 ~
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 M1 d5 S7 E) t7 f6 ~paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 ^5 k2 g; f4 _- r: z2 e1 r
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 \ ^* n$ U q( B+ v5 q+ T {- x(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) x4 X, y! s4 V. x) _4 vCanada to the time of release;
5 T" F! J9 g& C2 G' V5 G* F(b) the quantity released is less than the quantity in respect of which duties were paid;
: S% A; w/ L9 W, G9 W) t(c) they are of a quality inferior to that in respect of which duties were paid;
7 Q' Q* D# @$ h+ V$ b(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% A+ {. P! U4 H
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) E: k) e: B8 v$ N i5 v
case may be, was made in respect of those goods at the time they were accounted for under/ D. z8 h- l3 W1 d' s f
subsection 32(1), (3) or (5);
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/ N) O4 O& `9 p(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 C7 d% k& \3 B4 ?1 o% }2 Npreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 O6 s2 r: q' T/ D% u+ F1 Kaccounted for under subsection 32(1), (3) or (5);
" P/ V0 |& d' u+ {' M' J* _# U: O(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 ~5 H/ H% a4 ^9 {$ u
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' P+ G7 ]5 K0 W: t8 k" @: o, \of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) B8 t c+ B. }9 ?/ ]4 [( k/ Jvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 ~$ ?. d4 C0 T, V& s% @under any of sections 59 to 61;
( H' C* i( c6 o7 @. G(f) [not applicable to non-commercial goods];
9 t0 l" s2 K0 ^/ u- }8 P1 O. y(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# L& E1 a" P( E(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ Z8 }& @/ C. ~0 {- F7 o' ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. W/ J3 a8 _; f z |1 f1 q: H6 n: [
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' c' m6 K5 D+ y. F(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
( a; e# x" l7 j4 K4 `8 Eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 V: z: S5 ]% y0 [6 R8 [
(3) No refund shall be granted under subsection (1) in respect of a claim unless
: W6 i$ z/ A: \( g(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 N+ _) {, `; D6 {1 lrespect of which the claim is made or otherwise verify the reason for the claim; and! J0 a( B, q! d2 z4 x, }9 y# K
(b) an application for the refund, including such evidence in support of the application as may be
/ o% Q0 X' V- r+ pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& O3 h3 t- Z6 e: w S/ `7 O- Z# U
prescribed information within
$ M1 F8 ~. l9 _% w(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 \( q ~2 h( }' o5 B9 Q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% Q. \3 m* p* G" B8 d L5 Z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 P( S. ^( m2 X6 `$ u7 A+ `
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' g* D" c/ `8 n6 o4 N, @
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ v2 v3 r8 ~% T% |' B! Athis Act as if it were a re-determination under paragraph 59(1)(a) if
, }$ P6 J& {- w- H- q+ z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* ^: ?, A7 k# C+ v
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 O- P/ y! I+ H5 C! P
eligible for preferential tariff treatment under a free trade agreement; or
4 o4 W+ M% ?% Z6 P" y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
1 h. W/ Y! z$ J- m% Tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is4 f6 X I. l3 C# h x0 P" V
incorrect.5 C3 w% l5 h R
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. e3 w3 n! p9 B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
( v" f. B: ?1 F/ v# U @, ? Oother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 d: w0 k; X3 N8 m
were a re-determination under this Act of origin, tariff classification or value for duty.6 m4 O6 R* l5 @5 Z% w
8 ]2 F7 G4 P& t" x这到底是说可以还是不可以啊? |
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