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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 [7 |9 Y6 I& ^3 ]0 N' s5 |$ k1 {
上面说 非商业 进口 可以免关税?
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0 I" A* ^3 l* d; _5 y' \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 Q9 R \5 F0 Q w7 X; k0 ^# y
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Refund Requests o) \- i9 ]4 |
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: \0 i. c5 [- @) d/ F7 I r5 epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' T7 B. Y4 V8 G! X, o% o) {of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# l7 I; {/ F$ r! O: C, |(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* C7 Z% q$ L: g2 U" U4 MCanada to the time of release;$ Z6 f9 r9 \3 s
(b) the quantity released is less than the quantity in respect of which duties were paid;
- ]& Z- I" v( X; V% \) E [3 P(c) they are of a quality inferior to that in respect of which duties were paid;& u) E' r' y: i, | J( b5 d
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 ?+ @5 [( _( ^& T" z5 Ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 U+ z+ a) v9 l8 y' pcase may be, was made in respect of those goods at the time they were accounted for under
( v" C- i+ U" D i: gsubsection 32(1), (3) or (5);. j" |5 T8 P4 d! B
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7 Z. u* ?0 g, `3 |) P7 E$ D- B(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. g1 c s+ a* ^1 y$ Z# A5 y5 U
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 L8 E1 M# |3 d+ F* p
accounted for under subsection 32(1), (3) or (5);
# N/ k ?6 e9 K4 \. T(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 B0 @; B" x! j9 ?(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! d" \3 X( s' {2 m, P0 w0 N8 k
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or N7 i F# [/ r
value for duty in respect of the goods and the determination has not been the subject of a decision
$ H3 E+ i) e4 s& ~# Aunder any of sections 59 to 61;$ ^2 G0 x3 N. p0 B- D( ?1 j0 K" D
(f) [not applicable to non-commercial goods];/ f& e S7 r: A) k/ Z/ L+ E: N" ~
(g) the duties were overpaid or paid in error for any reason that may be prescribed.# Z$ S& P- O/ F
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% `# o' Y$ Q2 q
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: A! \; r; I0 U% S& T) Uthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( S A0 _, L+ ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. y0 k( u' n: C& N9 K: K" aunless written notice of the claim and the reason for it is given to an officer within the prescribed time. \% W5 B( ^. p$ `
(3) No refund shall be granted under subsection (1) in respect of a claim unless) e- Q' k, u) H# A& k
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 b6 r; F; J; J
respect of which the claim is made or otherwise verify the reason for the claim; and
$ M, K- a; [" Y) _: Q/ I. l: E* \! T(b) an application for the refund, including such evidence in support of the application as may be
# E( Y* a7 v% s$ \0 sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the- @& n% Q) U1 Y' A8 M" q
prescribed information within0 x3 d+ ~9 s; }. e0 f. ~; h
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, O$ y5 W" V- G, v/ r& ~; V& D1 Kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" `; z, V7 Y# K
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 s1 e: |4 H) [1 w1 d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 l* G/ W8 U( [5 X7 x& ](4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ W3 c' ~6 s2 Q' L% D' E" Othis Act as if it were a re-determination under paragraph 59(1)(a) if
" B8 g5 ?3 Z& K# ^- \(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, `" d& w6 f+ R) Y+ _; A6 _% y
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
* m) m# m8 n+ ]+ O3 p& ^ Feligible for preferential tariff treatment under a free trade agreement; or
# q! ] A) s: I H(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 n" y0 g3 [/ G4 w6 r/ d9 @
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. g* C+ b) U" B( `! n( C* Vincorrect.
2 G/ N/ y: z* _% H0 w3 Z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ R8 {! a& l1 X: t" E* ^
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# _, C. T* S' ~; |$ B! P4 f) Mother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" q e8 v( X" uwere a re-determination under this Act of origin, tariff classification or value for duty.
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* e B& P8 o4 ]. l& o这到底是说可以还是不可以啊? |
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