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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' n8 I5 }6 Q' c% c5 o4 U3 q8 E |上面说 非商业 进口 可以免关税?( W! F$ u" x7 j6 j4 X2 d
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9 Z' F7 \+ z3 _4 h4 }# phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ Z# C4 x9 \. g) i% l1 e
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Refund Requests8 N% f" M, V& q; m# D! f
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 w# O {* p" u8 z4 Wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. }# _: r2 V6 Y3 B$ \, kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ N' n+ Y( K7 u3 s, i4 U1 o6 ~4 u(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 i+ q: b6 Q+ @# r
Canada to the time of release;$ @4 \, Y. p# h* d" B. d
(b) the quantity released is less than the quantity in respect of which duties were paid;+ r4 T! _, ]0 a$ ]; z
(c) they are of a quality inferior to that in respect of which duties were paid;* l8 P' B9 C2 Q7 @# [3 D- |& u) x* f
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 A; ^1 [ ?, O" ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 o( p# w& _/ T# [- b* e i0 C% n
case may be, was made in respect of those goods at the time they were accounted for under
3 B) X3 t4 P A( T5 @subsection 32(1), (3) or (5);' p# {: `; L- Q
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: r9 J) V% T' z+ h, Q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; S8 S" l% |7 t( ?
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, _& e2 @7 H- d
accounted for under subsection 32(1), (3) or (5);
# x r0 u2 V- v1 z5 v/ ^# g(d) the calculation of duties owing was based on a clerical, typographical or similar error;5 p8 M. z8 c' B" o
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 w9 V# w8 S( f" {1 C* s
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' e( D6 U$ Z3 `. K, jvalue for duty in respect of the goods and the determination has not been the subject of a decision
4 \4 F" [+ O, R% b, ounder any of sections 59 to 61;
0 Y9 P- W$ e3 o- Y3 b(f) [not applicable to non-commercial goods];
/ I6 C! \5 d, S+ s* {(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" C# T. z- p$ M0 Q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( v. M6 v* j& n0 z; N( S
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 T, e8 I, v4 K6 G) k
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 S4 t5 i% r1 |- j {* A$ e. R
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; P% b, q" N5 j1 [+ _
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 h! L6 t _. p(3) No refund shall be granted under subsection (1) in respect of a claim unless
d7 H& e/ v8 S' d# c(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
: b) `9 z+ c: S7 c: g) arespect of which the claim is made or otherwise verify the reason for the claim; and
; b/ o- d6 l* I: G1 e8 E# d. t" G& J(b) an application for the refund, including such evidence in support of the application as may be0 i1 x! C; W' U& w* Y" t5 @; A% X
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! b' U" Z4 [+ `# n& i" _prescribed information within
6 p0 X) B* l$ m4 H# G: F m3 U7 J6 C(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" n; n: V) U0 i+ {" L
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 X: f' M3 Z: L6 P(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. W5 L6 R1 n ]& y+ w w& F8 Y7 Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.- F$ e5 V1 r" ]/ \, V3 u5 s/ z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 r, N% a6 P8 L2 ]# Y$ k
this Act as if it were a re-determination under paragraph 59(1)(a) if9 g4 ?) c. v0 h5 y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
6 [5 x" E+ `+ w6 l: U4 t- {" Zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
* D. K F- j& X( \eligible for preferential tariff treatment under a free trade agreement; or
9 d, q6 Y% `5 g6 l4 L8 R(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! I: Z3 _3 i7 @, [: q# V q% _9 qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* W. _% V1 ?: b7 E9 G$ }/ yincorrect.
7 M- k( g. ?$ |7 H(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 V: J+ Y' N: Y: p(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 z- L; u" s5 w2 |$ {' u7 N9 U8 w1 _
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 E' B: b0 d4 M
were a re-determination under this Act of origin, tariff classification or value for duty.! j! I% H; F; E4 d8 b7 n/ G
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