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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" b1 u/ T, K: \- Q! w/ T& X上面说 非商业 进口 可以免关税?
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% h( X) J* e" r, K: E# B Lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf- l6 q" Y. W. R, T: a
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Refund Requests
3 L! Q2 _7 R+ s5 V1 K8 c# h( d2 x: b74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 y4 h- j8 B6 Y6 y- z! C! O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) m5 A5 }4 |: C8 U$ b* L
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. l9 |/ B, n2 j- u- G4 y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' p8 G2 ]3 C9 x# {
Canada to the time of release;. r7 c; I% V5 R/ M' k3 I- p
(b) the quantity released is less than the quantity in respect of which duties were paid;7 z; S, O: z; y. \4 o! D, J
(c) they are of a quality inferior to that in respect of which duties were paid;# W" i$ x- j9 g, H. k$ ~, h
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 _, L) {/ P0 N; w# M: w& d/ H1 r. z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ w# Z D3 X) O, h- o
case may be, was made in respect of those goods at the time they were accounted for under& X9 c( K4 A" Y6 F
subsection 32(1), (3) or (5);
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% p! x1 I7 F( N( ]! G: e(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; s; b, ~; {- |5 Spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 T$ D* s. p/ Z0 c% f: \accounted for under subsection 32(1), (3) or (5);
# r Y* g. ?! n1 _9 a1 Z- {(d) the calculation of duties owing was based on a clerical, typographical or similar error;) J0 Y8 T; \/ Z( j. y$ e1 }
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 F& d$ k6 G% X: pof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ |4 H9 P9 l: E4 |3 Zvalue for duty in respect of the goods and the determination has not been the subject of a decision7 P3 R5 I" u* h- V
under any of sections 59 to 61;2 J, }1 w9 }/ P
(f) [not applicable to non-commercial goods];
/ R9 \- I$ Q( A1 s% H(g) the duties were overpaid or paid in error for any reason that may be prescribed.% \ E" x$ r6 \ b. _- {0 i
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ v/ @( s+ P4 qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% T6 r" I0 C8 ?) O3 ythis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 ~( x5 N" U. g6 r(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: n. b8 t! q+ W( I
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
5 A( t9 x" o- @+ b! S(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 L I6 B+ C1 ?) x X4 ~( g(a) the person making the claim affords an officer reasonable opportunity to examine the goods in `1 }' \$ P; _1 }
respect of which the claim is made or otherwise verify the reason for the claim; and
8 Q* K/ Y( P4 T' K# m5 Z' B(b) an application for the refund, including such evidence in support of the application as may be
& ^; u$ k7 h$ }- Pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the y6 y& {; V8 N( Y. n
prescribed information within, c, g4 v& Z, g4 ~$ `% V
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 Q; S- V( q5 W" q) I, ?or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 P" r* [1 k/ j8 z5 e7 L% S( n# m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; B. c2 ] y- |% c: f3 q7 twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ ~& t5 B' t* T2 c0 e+ p1 E$ u(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 X' Q7 k8 [( X% P4 ?this Act as if it were a re-determination under paragraph 59(1)(a) if5 ~; H0 w$ @: p4 i7 Y3 f
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
0 e; F# Z5 N I5 A0 r! qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 Y3 m4 O6 ]: e
eligible for preferential tariff treatment under a free trade agreement; or2 b! Z9 z) D( X2 p6 Q: R
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ `6 M6 b- {5 C) H; cbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
" K9 ~8 I* R8 c: uincorrect.
+ D6 \3 H4 f& L/ n& Y4 K. C(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' e; C) q6 `9 h- l& `3 Y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 `5 h" y4 s7 u. s5 r+ S& \" _
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, Q# X0 j. G" T1 R# U% \
were a re-determination under this Act of origin, tariff classification or value for duty.6 G K: u9 |4 R2 m( q. o
w& |9 C& m( A; l- D# n这到底是说可以还是不可以啊? |
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