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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ A$ z8 h. n2 U, x. Y上面说 非商业 进口 可以免关税?
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% @. G5 r# Y& E1 I9 m$ {# Ehttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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6 K! d$ T! B. R- C$ e+ Q# M- \* WRefund Requests
, A8 ?4 { d1 |$ r: f; J74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who' _3 z" W6 d% O* e8 ^
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" u. H. j+ K% }% y9 ]6 F8 L; o2 F
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 |; `9 O) ^: x2 D9 b(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to9 h U, {5 ]5 u. x9 d5 Z6 o
Canada to the time of release;: Y5 p8 q' c& D% G6 O3 b& N
(b) the quantity released is less than the quantity in respect of which duties were paid;
7 i) q1 _( {; }+ i: u(c) they are of a quality inferior to that in respect of which duties were paid;
7 u' c9 O% _( ~2 e t( I8 V; C(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 t* H' V) }8 _
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 ~# `- W2 G1 p6 `
case may be, was made in respect of those goods at the time they were accounted for under: I' J+ ` M7 q$ m2 S: S
subsection 32(1), (3) or (5);# I* N( S, q# k$ c0 C0 S* u# p5 o1 g! k
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
( g" {- c! z1 opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" X5 K6 V; n, m) y' o+ ^accounted for under subsection 32(1), (3) or (5);5 K4 o# z. T6 D1 w2 P5 |
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- ?& B( o9 n8 A
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)9 p0 |7 @# a& h( u, V# _
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
x$ f/ r0 I. z3 g; Z0 b- Kvalue for duty in respect of the goods and the determination has not been the subject of a decision! L/ m9 q& {1 s+ [
under any of sections 59 to 61;
2 N% I/ _0 f0 ]3 q, I# W7 f(f) [not applicable to non-commercial goods]; N6 Z, i4 b, T' m* \( ^ L1 M
(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 h/ b. P& F. W" R- M! J4 i
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( x8 @1 q4 ?0 _# Ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( Z5 r% l# b7 W" @& r/ j' K
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 I) R% O6 |8 s# M8 S. P
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 f& t* D) u4 U& `& U$ }+ E
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ q6 w N9 X* N0 {(3) No refund shall be granted under subsection (1) in respect of a claim unless) ^6 U" T( f: @9 d* f; ? [
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( C! q2 ^9 N Q# o, C" G3 Lrespect of which the claim is made or otherwise verify the reason for the claim; and
1 j9 @$ V$ w# e6 J1 |0 d( a(b) an application for the refund, including such evidence in support of the application as may be- l1 E/ U9 C( _; U
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( g2 [. @3 d$ G7 D) jprescribed information within
- F) j" c* A3 h6 m) ](i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)3 l6 q+ ~( K% Z4 S. ~' r
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% E {! G0 G0 A4 I7 Q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) g3 ? T" K& d+ Qwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 T( d& Y7 W1 }" n9 i/ _& L4 @# i(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 N& q, E) f* u Q4 w z
this Act as if it were a re-determination under paragraph 59(1)(a) if' {0 ?- P# m3 l- ^3 Q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 F. h# p, x" t& s* a1 lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( M! O2 `/ Y& h
eligible for preferential tariff treatment under a free trade agreement; or; g3 J. }9 k: R) ~9 s9 m
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ d, ^6 Y" z2 `$ p4 S; k; `because the origin, tariff classification or value for duty of the goods as claimed in the application is2 Y( S, h. V! v4 K; {
incorrect.
4 f# |( L. A+ c2 }: r. o( a5 t6 x8 Q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' Y( i* V! C+ {& D7 J3 b2 R2 d(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
u. _! P9 ?3 [1 H8 Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; W. P) M$ l, D% t3 g+ y* J9 o& _
were a re-determination under this Act of origin, tariff classification or value for duty.
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