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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 R. X- Y& |6 k& ~上面说 非商业 进口 可以免关税?
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* S3 [! Z8 w$ e& q% h6 E3 B9 v" Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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* R1 ]' v2 }9 O, p$ hRefund Requests
1 F$ K3 J" X2 ~9 W+ [74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( d" M1 X6 j1 j5 Ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
( F- v& Q1 D% O& U- u2 X- Y( zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( z9 o) L' V4 j, @3 U: S6 J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ K' z% q/ H# A& N& g) S; u
Canada to the time of release;
6 ]* }$ {( f8 ^+ Z1 q# ~(b) the quantity released is less than the quantity in respect of which duties were paid;
4 q, w+ V- b, S1 _4 D(c) they are of a quality inferior to that in respect of which duties were paid;
! K, x' Z1 N+ A) ~(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 G. F" X: @: M2 @0 J; T' m' E% M
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, O: u% i7 Y. Z: hcase may be, was made in respect of those goods at the time they were accounted for under
8 g; I- b) a! ~& E+ fsubsection 32(1), (3) or (5);
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4 B, i2 R0 u/ I! l0 s, z1 x(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; Q( U. f; C0 ^0 ?2 C* ypreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. S$ c, l2 O/ x* B5 r& kaccounted for under subsection 32(1), (3) or (5);; K$ T( w. q2 i! \$ u, e
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( L( J0 M5 N8 E5 a9 U(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* L& P* I( ]3 j R. U# @6 _
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
6 J3 E! L. A! X' svalue for duty in respect of the goods and the determination has not been the subject of a decision/ x/ T- R9 f5 D6 X
under any of sections 59 to 61;7 R2 O% |* G3 N+ l
(f) [not applicable to non-commercial goods];
5 n+ v" N4 J3 D(g) the duties were overpaid or paid in error for any reason that may be prescribed. X7 ]2 @( N2 Y8 k6 Q" A
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 L' [& _: A. E) `. Z+ V
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) H& H. l& N9 U% m9 _% G
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 k9 R8 b+ D/ o9 g8 ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' s$ @7 r" d' w. Uunless written notice of the claim and the reason for it is given to an officer within the prescribed time.; h+ D& a0 a5 W' R7 _, P5 V* \$ V
(3) No refund shall be granted under subsection (1) in respect of a claim unless% T5 T2 b! r% r& A# R
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! D/ s( j6 a5 ]$ z% R3 R& F/ L3 f; k3 p
respect of which the claim is made or otherwise verify the reason for the claim; and
$ S6 i1 Z7 f f' S0 q(b) an application for the refund, including such evidence in support of the application as may be; t' K: p. J* h/ [2 F
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
3 e, q9 l; s @* }2 a) tprescribed information within
* D( \9 [/ r) _! A+ W: g, Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# ~! v9 v+ g& y3 n
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and C' ~2 _+ Y w3 d4 k. s! o$ C
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 J" ]( U' z) fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 r. ?" H5 F; ^ E6 M1 g(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ N+ f! J# |, n8 L2 I
this Act as if it were a re-determination under paragraph 59(1)(a) if/ F& M z, g( a' r' u
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ y' g! |, U4 V2 a# Y6 |, S8 M9 Nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" C9 l0 W2 B1 D
eligible for preferential tariff treatment under a free trade agreement; or
- t& W! ?) b! o( J2 t4 s, W(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ [2 Z" S L5 B! m7 d4 s
because the origin, tariff classification or value for duty of the goods as claimed in the application is! Y6 G2 N3 o3 J' p7 x- }
incorrect." m& r( l& H/ |3 d
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 N' x( a, y o- M: B7 _& e
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 v5 O: V0 e/ `: m6 _4 H7 x4 t8 v
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 n2 r, p+ |" n, ]2 {& m- y+ M0 w8 Qwere a re-determination under this Act of origin, tariff classification or value for duty.* G; o' K' F. u7 w+ [! C5 h
4 V, [! v8 ^! y+ e( A9 W6 Q$ T/ m' k这到底是说可以还是不可以啊? |
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