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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. Y: W& o0 y* ]
上面说 非商业 进口 可以免关税?! x/ T1 t0 M3 T4 e
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf: ^; S( r5 ]- j3 z$ a6 c
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Refund Requests
4 q* L+ {) c$ K8 @) n) C* [- u74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 s Z2 D s; ?2 Q0 g7 {4 W$ S
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 g9 R I% n: ?7 c% V4 A
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 ?" R( L# n H* i
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
/ T9 g. W7 b- i! H( P2 C3 g( KCanada to the time of release;
0 p+ K) {4 U9 `! \$ |! ~9 s# b(b) the quantity released is less than the quantity in respect of which duties were paid;
J/ c3 a9 f, g: {(c) they are of a quality inferior to that in respect of which duties were paid;
# R4 [' j+ K5 c# [. M* r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential! F- X/ D# d# ^5 ^4 Q8 n# _# b# N
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 m" T1 d5 x! y! q k/ b; D$ ocase may be, was made in respect of those goods at the time they were accounted for under$ a" l4 g0 |/ c2 O0 q5 G
subsection 32(1), (3) or (5);
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" `5 i2 g/ q; B# O3 F2 F, @" t4 ~(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) ]( T' V) m" n5 j; a$ m4 Vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) @* }% W- N) y4 Naccounted for under subsection 32(1), (3) or (5);4 Y Z6 r0 A4 Q: _$ o: m
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 n. v( u# K. h/ W8 B+ V; t- d7 e- C( o) c
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 N/ m2 c( ~7 Q" p+ m" J0 |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 V7 a2 d0 M" M( \9 }$ qvalue for duty in respect of the goods and the determination has not been the subject of a decision
3 S: v) j" \9 ~% {: Zunder any of sections 59 to 61;
* L3 } B9 T: g( H& L' R8 C(f) [not applicable to non-commercial goods];
2 z3 }0 c/ V* p/ x2 i2 l(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 F5 H3 l" V7 |, u P* v) v+ S
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. l, F/ L/ f5 M, V9 K7 D# L& C" ~
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" ?3 y/ z7 f% B% W
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 L: f! D9 Y0 Q \" a
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& O! K1 X5 I/ I- P h; s
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.* P" w& Z7 {, H
(3) No refund shall be granted under subsection (1) in respect of a claim unless$ z( {) C ]4 [
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ K% r" S+ ?! J9 Jrespect of which the claim is made or otherwise verify the reason for the claim; and
8 S+ @8 Z3 ^( a(b) an application for the refund, including such evidence in support of the application as may be; Q+ b) p0 c/ c* M' \! D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 y6 e3 F! K& u: i* R. @. t
prescribed information within. J5 h% \# V( \% Y4 e* ]4 n; s. n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 F4 T$ G8 D& X. M$ b& Yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 g, ], C% B1 _(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 a5 z1 Y2 x1 z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* G# |' |7 e7 }+ ^0 k- T1 J(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of( ~% M& H7 t' j8 B" @
this Act as if it were a re-determination under paragraph 59(1)(a) if
4 x9 V; c$ \3 [- u(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 m3 N' x; Q3 }' @+ m* I# Qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 D4 ?5 l& c' J1 Q& X
eligible for preferential tariff treatment under a free trade agreement; or
) y4 q; q9 _0 d& j. z! }(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% [0 S! ^- C3 z3 N9 v, ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
8 B0 I" h# V* ~& {9 Q$ k" Lincorrect.
& k9 U5 r7 @8 Y& ~0 a( y3 m(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 V' L% @1 H( b4 |9 i! U: ~(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* I0 ?; H1 W z/ B4 m' t
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! x" E. z6 P0 h8 @were a re-determination under this Act of origin, tariff classification or value for duty.
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