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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' A* f! J4 m5 Y8 E/ U
上面说 非商业 进口 可以免关税?
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- t+ b8 B( G2 _! ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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* v# h7 @. W7 C% YRefund Requests6 G' r6 n3 ?5 y. J
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ e0 u3 p' F$ X5 z3 J
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, C% f" j$ h! A9 G8 [- U) a' r4 a
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
! {" K6 I5 s$ j7 {! r(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
/ z1 n4 L7 n$ E) ^1 R- o, xCanada to the time of release;3 t( X& X6 ?$ x3 G
(b) the quantity released is less than the quantity in respect of which duties were paid;6 P+ F$ J, E/ Q" F7 h0 r
(c) they are of a quality inferior to that in respect of which duties were paid;
8 b& J) ^- n0 O& q' G(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: ]. K7 A" }4 T2 Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
n# H: b0 `& j0 l7 R' |0 P L0 x- ]case may be, was made in respect of those goods at the time they were accounted for under
: _) d$ Q+ N3 J Y3 s, gsubsection 32(1), (3) or (5);
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9 ]1 d9 b/ F4 a' o) s3 T(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* m& D) R6 Y; G# H
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, ^: V3 ?' B, Saccounted for under subsection 32(1), (3) or (5);5 Y& o @, V& w4 E6 w
(d) the calculation of duties owing was based on a clerical, typographical or similar error;% Y$ b# U- n% T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
; i1 X$ c3 S9 Z+ T" U/ Sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- p4 B8 U3 A+ Lvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 |4 r5 [/ D {' U2 H, u% Kunder any of sections 59 to 61;
: X8 @! T" g2 |& \9 b(f) [not applicable to non-commercial goods];* u( o) H! Y3 Z/ f6 \; c7 F+ s2 ]& E
(g) the duties were overpaid or paid in error for any reason that may be prescribed.- [/ F( B- W# O- q7 Q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: e# ~/ j2 m; j/ fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 v2 t: J. {, O: N& D6 Cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
/ a0 u/ p" Q4 B0 C(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; z4 w/ W, g: E/ `- C
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 I+ L* p+ D& V* z9 K
(3) No refund shall be granted under subsection (1) in respect of a claim unless; R/ c% N8 b4 o+ d8 h: w& s6 Z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 C! M' K) e3 p, [% C7 I) V8 Lrespect of which the claim is made or otherwise verify the reason for the claim; and
% s% B/ K/ R7 w+ q; z8 p4 S+ c(b) an application for the refund, including such evidence in support of the application as may be$ z6 Q6 b( F: B1 l- |
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
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(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), R' Q* h6 W$ r) X z3 v0 h
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 w O& ^4 h) X' F2 D
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! C2 w- F& B( {7 Swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 z y4 \/ g+ Z; N4 s; f9 G
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# T2 p% u. k% J& U5 h$ Dthis Act as if it were a re-determination under paragraph 59(1)(a) if" E& {; `$ S" u
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 p, j) Y# \5 s7 @because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% K; C0 n V# O) X/ {4 d! Ieligible for preferential tariff treatment under a free trade agreement; or* N: p7 q! c1 p( E" y$ Y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 j: s/ Q+ q8 ^
because the origin, tariff classification or value for duty of the goods as claimed in the application is
' Z8 z9 W1 m6 d- i% Z3 ~; x, Yincorrect.* s9 n/ W3 q3 ~* W5 L9 m
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 r+ ]0 }& r9 z6 W- M3 d(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 s* N) y3 n( ^% l; U; t, Kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# ]0 O! T7 t7 Z3 F" \
were a re-determination under this Act of origin, tariff classification or value for duty.
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# _. z. L6 F& M( I6 c9 e4 q+ r+ S这到底是说可以还是不可以啊? |
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