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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! C+ R# i7 I( t1 P9 w上面说 非商业 进口 可以免关税?! y* ~' v N( @$ d' ]
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 ]3 D9 L4 T; z+ ^
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Refund Requests
b' ~- d2 `. ]( |74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ Y& R* t+ k- R# o; i+ B9 c
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 x+ W. S; {+ s/ ]8 G: j m9 i
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ n* C+ u' i+ d: u' t3 j(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 b' Z1 N8 m' `" i3 z- e, ?Canada to the time of release;3 F% z4 z( Z, B( [
(b) the quantity released is less than the quantity in respect of which duties were paid;$ q% D. _/ O% Z! v
(c) they are of a quality inferior to that in respect of which duties were paid;
- s7 F' N& h$ E8 N; q$ l9 K& k3 j(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 Q" k7 Y) b1 G& Q& f5 ~' N
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ s/ c5 H5 C+ K' R; icase may be, was made in respect of those goods at the time they were accounted for under
& Q- I) P5 e4 y/ n {0 c2 z, Fsubsection 32(1), (3) or (5); e7 o" i1 d, b7 Y
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& u$ v% Z" S" |6 D4 P! q+ L7 @(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) ? T* D/ b, |# Apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are% O( f6 J3 M/ I1 ~: u: R
accounted for under subsection 32(1), (3) or (5);+ F" f4 [0 I/ m
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 g4 d) j( f8 i) g) F- H
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 e8 O/ K/ q, L2 W; Z0 Cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or- _; k, m% W! D. ]$ P+ ^
value for duty in respect of the goods and the determination has not been the subject of a decision
7 w+ s; Y& G+ N$ P* |9 E% Vunder any of sections 59 to 61;- j" m: a Q9 t5 t# a
(f) [not applicable to non-commercial goods];
1 `7 v6 G h2 `(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 e! K6 B- ~- f# ]/ k, P
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 Z' X/ ~/ |4 ~+ oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# ` P% J' _, U; u& _
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* E$ k! E9 _: ?3 @6 l) h; O, T. i0 q* C(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 g( Z7 f5 x& e# J& V
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. g* ]8 v! Y( d V9 R(3) No refund shall be granted under subsection (1) in respect of a claim unless5 i8 U7 ]+ V- d4 J; }0 d# p) B* Z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in m/ s( {! D; a: g& V
respect of which the claim is made or otherwise verify the reason for the claim; and* v6 J6 P3 Z- @- j! y- r
(b) an application for the refund, including such evidence in support of the application as may be
; f+ q) L$ J4 g; K: F( J, }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& r8 o5 A }% [' d$ n+ m3 Y0 B. K6 Eprescribed information within* w$ `# c: Z' F+ ]% l
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* g. m0 }' P- E
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 l4 q( x% \% e* J8 p(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' z7 a& _. _0 c/ x8 l. V7 gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' P8 C3 O! y' p0 h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* N& {6 x1 I) L# l0 x
this Act as if it were a re-determination under paragraph 59(1)(a) if
+ E8 ^9 Y: ~: ?) U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ h* u' l7 p3 U! ]! B, ^) w
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 u; e, k% l0 l! b' t9 eeligible for preferential tariff treatment under a free trade agreement; or8 G, A) N6 ?5 V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 o4 m0 [% F7 b' c% J& x* ?$ wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is) w; o( n9 s& V, {7 ]; @# A- @2 ~
incorrect.' B6 K# W7 l3 B( j9 `+ V
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ X Z. i$ O0 k: P; c/ W; k i(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 x) s" X8 L5 {7 H; e- e
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 C2 C; ^( h5 y! R* X, Ywere a re-determination under this Act of origin, tariff classification or value for duty.# d# C* d v/ L/ a
$ t- H$ P- i5 L+ D4 N这到底是说可以还是不可以啊? |
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