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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: r$ \1 ?$ p* @) @. B
上面说 非商业 进口 可以免关税?# S& c: @: b, t8 v' D" }& W( E
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf/ g) O6 l% w# O% r- a3 C
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/ s* u, n2 z P* r. aRefund Requests
% }* l" Y( }4 }1 _3 w74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 ^. t3 [2 G, p! y& [. g" Qpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' |2 n% i) I5 F1 N- lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if; Z F. y, b+ c; l H+ N
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ b+ J/ q8 n, }. C6 b+ g, R
Canada to the time of release;
! x# ?# B0 B7 R0 w1 f. @(b) the quantity released is less than the quantity in respect of which duties were paid;' x) _! h5 u4 t p1 W# ^! u/ r
(c) they are of a quality inferior to that in respect of which duties were paid;/ f/ D- P" q' q0 u) R
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential3 D' b0 M' p& X$ [' o
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ K9 O1 j$ g6 B0 P
case may be, was made in respect of those goods at the time they were accounted for under
8 O" n0 |' g& }4 j* ysubsection 32(1), (3) or (5);, w- e) _( V4 ?
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 L d1 d1 A1 L+ zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are# v% z3 l6 f$ y. r7 `
accounted for under subsection 32(1), (3) or (5);9 x0 @; Y( f# V- D' ~" t# y
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, U' m( _8 j, l- N& _(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). z+ [( n4 y- N g n3 K, F4 m
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* }: o3 a- N$ o. X% G) ?7 v! Nvalue for duty in respect of the goods and the determination has not been the subject of a decision) T X- m+ a3 B- V! a" H: t% U$ r
under any of sections 59 to 61;
% ~5 J% o! j6 y" ?# H: ~(f) [not applicable to non-commercial goods];
1 n& x2 q: T- F' Z+ Y u(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 _$ M ^3 x3 H- M n4 [9 I* A& w(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, X. K' b' \9 n$ P- ?7 Bon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; j' W: e- R8 v0 rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, L' c `# Z4 P+ r! Q# x( C3 v+ q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; y+ P, q# B+ `' e" J
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.% M' @5 Q: j: W6 T
(3) No refund shall be granted under subsection (1) in respect of a claim unless" F' k: g5 ^- C& N, w
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 A' D. e, z0 N3 C4 F5 q0 | V
respect of which the claim is made or otherwise verify the reason for the claim; and" z8 G L- a3 D4 r
(b) an application for the refund, including such evidence in support of the application as may be# k- H6 r2 Y+ l$ L
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
* c. n8 G4 _ U- Nprescribed information within7 E! b/ [. B" H) |$ W. a
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" n6 E. E+ ?& z5 S0 C9 y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( C- T1 ^1 z* b. \8 }; M
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# R0 [: C# E O( b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( ?1 W& G6 T3 [(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 |% X" ?8 y6 T' @* L7 t" v
this Act as if it were a re-determination under paragraph 59(1)(a) if
& E5 u. \( I4 N" Y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" q- d+ y% h0 o4 b
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# b) N" u2 T8 ^: t* S% i5 Jeligible for preferential tariff treatment under a free trade agreement; or! ~0 ]# q+ A& @
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; P+ D9 {' s/ p+ b3 V
because the origin, tariff classification or value for duty of the goods as claimed in the application is
6 p5 E, X) c* i% P A# Q1 D; yincorrect.
% G$ i$ M ], v; E' B6 G(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* ?. M2 u c( {3 d8 h' d(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% s: X0 y( }! s2 g. l6 n6 |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" ~" I2 d3 m/ h' A% r/ e
were a re-determination under this Act of origin, tariff classification or value for duty. I. S2 q+ W$ i% ^6 I
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这到底是说可以还是不可以啊? |
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