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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
. \+ z! {6 f2 ^7 q: ^ x+ _上面说 非商业 进口 可以免关税?9 B, V( X G8 K! \3 e% ?* l& ]
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 M+ P5 Z) [0 Z+ \& b3 r
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' R# j& B6 G9 d, w0 m" A4 URefund Requests
( V7 f1 s8 r1 F4 A74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 x8 g z8 ^' V
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 k/ m: k- S; r0 R4 ^" Pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if; d) y5 c7 d t7 l# f" E* w0 n
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 ^+ Y. r3 j$ Y) `% ], Q/ C
Canada to the time of release;' z, F4 ~, q; S
(b) the quantity released is less than the quantity in respect of which duties were paid;
* C. u1 j+ x# L6 \$ \1 b5 b- y, H(c) they are of a quality inferior to that in respect of which duties were paid;
, _7 b( |) d! Z, G2 u(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" w/ k9 H: E4 r! ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 i0 F4 l5 \6 s( c! x% D6 S. Y
case may be, was made in respect of those goods at the time they were accounted for under/ K+ t. l1 c4 i& m$ |* }$ q+ X
subsection 32(1), (3) or (5);
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" L& ~7 d9 M# E, ~6 s. a) y" M& O(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# W5 t# K/ u, F) Y& y3 E! G
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are: G' Z$ x j0 h; t2 n- t: D
accounted for under subsection 32(1), (3) or (5);* f' e% a! _( _ l2 x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# V4 B3 s& z6 O7 \( F& `(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), [2 y9 k; q+ u' T& m
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 `! `* o! ~8 N, \5 Q1 w
value for duty in respect of the goods and the determination has not been the subject of a decision
$ i7 ^4 `% a2 O( o# z. @, k# o: c" `under any of sections 59 to 61;
# [& v& @8 t9 a% d: _1 G7 d) W+ i(f) [not applicable to non-commercial goods];
4 ~1 \; E9 L. v0 Q, A) S(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% n, A5 `7 F" x% X. O; c(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 v) F0 D7 o* }: h+ Fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; J* C% ]6 L: _2 o& y! x# Q8 hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" D* n6 k8 @# @+ h: {: E5 ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# E0 a1 y3 X& e/ @. v
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# f- e8 }- E4 l3 e& t0 y(3) No refund shall be granted under subsection (1) in respect of a claim unless
* T. M9 V: @* @) ^: V' ]' e, c2 n) p9 U(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 L7 }" Y) }* r; G b7 ]% A& l
respect of which the claim is made or otherwise verify the reason for the claim; and" i% n$ [+ d. C9 _: j: v
(b) an application for the refund, including such evidence in support of the application as may be) w3 D2 a# J4 x- u
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ h. v8 `8 c+ ~( m: tprescribed information within; B3 D8 R' J1 `2 b: T8 H
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 H V; W& _; Tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 U8 P/ n& V3 x5 d(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods" e, ~& l5 H3 O- g8 Z# ~7 Z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 N8 W- h5 S6 g* @( [(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* P$ e$ Y! l& q* k$ I: I2 w( @6 b# o
this Act as if it were a re-determination under paragraph 59(1)(a) if* P( E- w9 V0 I, T7 B
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( {$ a3 W: Y# J7 b# b/ W1 d! Jbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
( y0 Z( B* E6 b9 R/ u [; Yeligible for preferential tariff treatment under a free trade agreement; or0 I" A& H* \2 J% Y) p& t! j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( j2 Q# r. l7 i% G3 D9 ]because the origin, tariff classification or value for duty of the goods as claimed in the application is
& y! G5 F9 O2 e' C" ~incorrect.
. g$ l ~( k! ^" C(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 T9 ?, n5 W+ D3 `* V" @/ C(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) S; |, _5 U/ g9 ~9 tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 P% W' ~' [9 U4 {- g3 D
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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