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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' l' m' \# [ x. K) w上面说 非商业 进口 可以免关税?" r0 e" U! j/ G& T$ w) k O
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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8 ~& U# m2 r& U, \2 cRefund Requests
/ _0 y" {9 R3 z% f( Q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 A4 Q; p( N7 opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 L- W [4 d+ _5 B4 }of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" g r9 x4 q3 _ l(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 G5 x) n8 N$ V2 ?- P0 t6 gCanada to the time of release; y/ c% `- N0 ?; }
(b) the quantity released is less than the quantity in respect of which duties were paid;% p) W4 \0 \" c2 T/ i- [
(c) they are of a quality inferior to that in respect of which duties were paid;, [7 \- c$ H- {1 |
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 r, e3 T* v- A. h0 \2 ^4 s
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% N$ {" g, {' k Ycase may be, was made in respect of those goods at the time they were accounted for under
2 V( W. H1 O9 vsubsection 32(1), (3) or (5);
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0 u; u/ ~+ M' \/ G(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 V) A% g! K$ _7 C( T& x
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are" Q" W7 M; m1 k8 x% _8 [- Y& ^8 I
accounted for under subsection 32(1), (3) or (5);. b+ M& S( B* n4 E/ M% @
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ o3 t: V/ `5 \) ^9 n$ |(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 _# h1 Q* A9 V, p; E6 J$ bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ s5 w- ^8 W+ t& `0 ~8 I, xvalue for duty in respect of the goods and the determination has not been the subject of a decision- e' h$ o& v" j8 F0 ~% v
under any of sections 59 to 61; S4 j2 X& }7 c( U) }; \& O
(f) [not applicable to non-commercial goods];6 m9 G8 v$ M% C3 P! g
(g) the duties were overpaid or paid in error for any reason that may be prescribed.; g F, ?4 c8 s# c. E
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 Z- R) L9 e5 R1 i, K" R* e) G# o1 |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 P R' }6 B( r! ~
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 U: O! ^. z; {$ ^(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' b" x. j: M3 vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 ?. z# L+ z2 k( v, i& w
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 D9 K4 T8 l" h6 U1 m! e* y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 j" ]% ?0 h3 @( [4 M8 a9 [6 Y
respect of which the claim is made or otherwise verify the reason for the claim; and
8 ?/ H3 M: X5 A" v(b) an application for the refund, including such evidence in support of the application as may be& L$ G& Z% c! w6 q: v- v
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
1 D2 p2 E& t, P Iprescribed information within
* X4 ~+ p6 o( H/ ^0 M& c! |/ D(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( s$ S1 d# y3 G* Y. i1 }. E7 kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' \$ ?, u# k& V& ^+ N5 f(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; Z& t7 [/ d* T# X! [0 swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 {2 W3 X! ]. ^
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of2 c! r& I1 O) r
this Act as if it were a re-determination under paragraph 59(1)(a) if8 }. j% T) X9 s: A( ~& g' m& ~5 q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( M; p# |$ Q% [7 k9 [because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not. l: v2 ^ i9 g& B# ?- o
eligible for preferential tariff treatment under a free trade agreement; or% r% I t4 G: R# }; F
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 [) r! P6 w" s1 rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 I0 k& f; O6 u( A& j) o- o
incorrect.7 I0 u/ W7 ~2 R% @: }; ~% D
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
v, G) R* t7 e$ F& e(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. e7 b* k. H5 q: p5 j; Vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
2 l6 i4 z: k* g: G ]7 l9 Z2 gwere a re-determination under this Act of origin, tariff classification or value for duty.
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2 J0 c, E; `) z6 o0 ^. C+ l这到底是说可以还是不可以啊? |
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