 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 s p/ J- x" c1 i7 a* Q! N* u6 c
上面说 非商业 进口 可以免关税?
. C4 V. ~% ~7 N: `7 ]8 ^, {0 I# q) p: O6 b8 [8 f0 m
2 v$ ~9 k6 G. t# G9 ?* V
/ H2 Y% t" g% w* Z) [# W! [) `+ lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
1 k, @( l: e3 D z/ K% t# g; ?+ S' x
% P2 Y2 e. r" M8 ?, T. ~6 D
Refund Requests+ Y' X$ d$ b: w, l" q! H, c
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 }0 @# Z+ w/ ~# O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( m8 a, ?8 R" _ @! ^4 b
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 x" F `0 C& S1 X
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, F, ^9 ~! [" k' @5 V# D9 @
Canada to the time of release;+ H2 L: T: }9 o5 j1 w5 D
(b) the quantity released is less than the quantity in respect of which duties were paid;
& x8 j$ U5 ~/ R( Y7 _; |( G(c) they are of a quality inferior to that in respect of which duties were paid;
8 q, s6 f7 i0 p(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, u8 R" k& I7 W! u" K8 U* gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% `9 ~" }% v& d4 |7 ?6 Z- [case may be, was made in respect of those goods at the time they were accounted for under
6 k* N: v) H1 n0 Y; Isubsection 32(1), (3) or (5);
2 X, l' B4 l5 V! ]' P) e9 p1 L1 q3
" y, @7 ?6 ^' h8 [# g" O(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 d+ j7 U$ o$ H0 Z; I; [preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, t2 @4 w i1 z; I, j/ k/ P2 Y
accounted for under subsection 32(1), (3) or (5);
3 x3 Z8 F$ m o! D1 |(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ g: W H7 [ `( A, k
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
; ^2 j7 _4 I( Y1 Q' I' Uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, ^6 g3 l3 x6 z
value for duty in respect of the goods and the determination has not been the subject of a decision
8 h/ V0 s0 Y, bunder any of sections 59 to 61;
/ _- B! S8 J8 v0 K0 l6 j; j(f) [not applicable to non-commercial goods];
" J- f1 E- G% ]2 a3 X( [' f& h(g) the duties were overpaid or paid in error for any reason that may be prescribed.) Q& }. x, U- X, _0 x" N) i6 k
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' e+ L" L5 c/ ], @# I* hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 |, D3 Q! C9 _: D& `' b+ Y2 cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).$ Z, }1 D: X0 W5 F! ~0 Q3 ~
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim b2 n: ^4 [$ V. t. Y( f
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 R' m0 D6 r$ U7 P4 x! c1 C" d(3) No refund shall be granted under subsection (1) in respect of a claim unless$ F; Z4 s4 x0 Y2 B* L
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 ?- k l# f1 |$ C+ ~4 rrespect of which the claim is made or otherwise verify the reason for the claim; and0 b' F& b X- ^" X& p1 L
(b) an application for the refund, including such evidence in support of the application as may be" `% Q* `3 U& _2 \
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the ]3 K; j) D( Z. @
prescribed information within6 t4 P7 Y4 d% y1 Y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# [* k2 N8 h8 b* C, J/ {or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and+ H/ R+ Z. c5 B) f0 _
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 p' p, w6 L" K$ |! Bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 C1 j% W4 R) ?% _
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# M8 S; P+ ?% m7 c8 J# ithis Act as if it were a re-determination under paragraph 59(1)(a) if, K/ t% i) p% E- [9 ?+ k
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
7 i- U7 L6 b5 m( A! j" H, zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 i( B1 b1 r- ^+ ~9 a
eligible for preferential tariff treatment under a free trade agreement; or O4 {' a7 \$ O+ @6 x" ~; x6 C4 {
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ B9 A; @3 Y; B- v6 X5 c1 l2 wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is+ K& F$ g: e' e
incorrect.. U+ a+ @8 t3 W& [, n. f8 g
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! p' z6 U3 ^0 _* x% g) Q: k(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 Q8 t& v3 F, P' G4 }
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ f$ Y, r) _$ q) f
were a re-determination under this Act of origin, tariff classification or value for duty.* w: k6 u+ E# m4 K+ q
/ f; k" J+ K( m这到底是说可以还是不可以啊? |
|