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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations$ t/ M6 g d+ i: i7 {, s. s; ]
上面说 非商业 进口 可以免关税?$ z/ v5 H3 t( `$ Z' z0 i
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, x' @5 z+ Z: Fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 c, |( B. n! ]4 N% a4 _" X# q$ S- Z
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6 L7 t7 v: {+ Y6 f) `Refund Requests
. \; i$ [1 ]& m3 M2 E74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 s6 I: `! ^: L7 {6 a, f5 Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% E u, r5 b5 m; |( y/ Rof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* [: ?% p$ \6 p3 K! E8 ~* h+ l4 K(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 L9 q N7 m! SCanada to the time of release;
; ^* z' {( A. s( @$ _2 W(b) the quantity released is less than the quantity in respect of which duties were paid;' z8 @% f0 f# L9 y# x" Z
(c) they are of a quality inferior to that in respect of which duties were paid;
" X( _% X' H6 r: E(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( Y: Q+ ]. g0 q, `0 ^, G2 o% Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% J- @# j1 n' p! Y7 B3 F
case may be, was made in respect of those goods at the time they were accounted for under9 d- s0 k* l( w6 l* M) ]2 b
subsection 32(1), (3) or (5);
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& M T" n* y8 X) f4 n(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. O$ h, I7 i8 ]9 f U8 X
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 N- E0 b8 V: x. W3 B7 R
accounted for under subsection 32(1), (3) or (5);
: S% ?! e) R" u3 M7 Q4 s(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 a$ u5 m$ ^! ]6 B" B8 |6 k
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 G C% j7 m% a( G- d
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" D4 _4 P& p( J; V: `, K1 t! u
value for duty in respect of the goods and the determination has not been the subject of a decision
) E$ x9 A, C. ^under any of sections 59 to 61;
2 q2 r' i# [- s(f) [not applicable to non-commercial goods];
9 J% c' [8 J/ {(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) G9 [6 T T3 \4 x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 ^+ C) Y: ~& ?, o9 oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ U/ {/ @. p5 e8 X0 M9 l7 l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). }5 r1 Z+ A; v0 `! m0 x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# @) N& L) D6 b4 u! b8 m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
; x" ]9 w: u; L(3) No refund shall be granted under subsection (1) in respect of a claim unless) F/ P9 U/ q5 ^0 M
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( |! l+ H2 ~: D" S a/ b
respect of which the claim is made or otherwise verify the reason for the claim; and. z- w) @4 r6 T% |
(b) an application for the refund, including such evidence in support of the application as may be1 a0 l7 j: v+ x: K S* w* D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
B( u0 v+ i& K* B7 w+ n3 P& A% vprescribed information within6 ?) ~7 z7 l7 z/ h
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ K+ D; ?% T8 p1 k% g6 | |4 p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 h# W. f( L9 K" O4 `3 L. t(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 G4 X( ]' A7 i$ Y5 B) Hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 }# f1 {( \4 s( p7 [+ V, S
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& y4 P- e ~: Q' O% t
this Act as if it were a re-determination under paragraph 59(1)(a) if( P0 F- r. X2 C) q- ?
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- u6 W% C. m1 W( B8 T; R! r$ Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not. U/ t4 E! |' c2 L
eligible for preferential tariff treatment under a free trade agreement; or- V" _' g+ I) ~( a/ t% F
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 _# w' k1 F" a$ h# z* M1 o$ ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is
# x7 z# V, h. F+ l+ G, g8 ]incorrect.
+ o5 Z. i* F( M0 B% y/ f0 s/ |(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, B, i2 x; L5 } i0 h
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 h2 ?. B. J3 _6 dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 }" U0 I. Z2 o* Q
were a re-determination under this Act of origin, tariff classification or value for duty.& p- D9 o+ Q E6 @5 E
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这到底是说可以还是不可以啊? |
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