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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. i: G( l- I5 Z( I
上面说 非商业 进口 可以免关税?* ]4 w. [. t& E, q/ l" T
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7 a/ o$ ~% f0 n }0 ^0 _http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
7 m0 q" p. q! w* I+ z) A74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% _5 V0 v. s. r+ B4 V- Cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. A ~6 I1 B; a# J& s! K
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 ?: Q& L) s+ W. B
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# j7 @' e9 i, N `& s2 B3 fCanada to the time of release;
) v1 S- P$ ?8 X v1 r4 {) Y(b) the quantity released is less than the quantity in respect of which duties were paid;, w# @- c$ h" D* y0 Q. k" A. S
(c) they are of a quality inferior to that in respect of which duties were paid;
1 ^3 |) B" w6 t" J: B& c8 p& {(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 [) {6 z9 m! h. L$ f/ C- d) J& S
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 L+ I8 C; c) z: \' Acase may be, was made in respect of those goods at the time they were accounted for under
( n+ q' }5 m0 \! w+ @subsection 32(1), (3) or (5);
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2 J: s0 P3 |# C) E(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, s7 y U1 e, ]3 [# C
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are- W+ G/ H$ A+ d
accounted for under subsection 32(1), (3) or (5);
8 q1 F8 p7 M6 ?: D. K(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 L: G {3 ]5 a(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, v8 q0 `; W( ~$ Q. _1 B8 j2 Sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or# h6 b2 ^5 {5 I+ n* I0 O% R
value for duty in respect of the goods and the determination has not been the subject of a decision
" ~" G# n2 [1 W* g, Iunder any of sections 59 to 61;# k& ?! f" E+ Q5 W6 [2 F8 g
(f) [not applicable to non-commercial goods];
! p. L7 }; u1 T(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ c+ t8 L- ~2 S3 q7 R% G
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 @8 I |7 f* D
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. o: a1 G# ^, X9 T1 B9 ], B3 J5 kthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 ?$ F5 M" D' a# W1 X% x8 Q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* B) t0 U& y+ ?+ T3 q8 y B- |# u$ B
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 a. K. M4 \5 n0 J% l
(3) No refund shall be granted under subsection (1) in respect of a claim unless" Z: U$ m& a# S9 p
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 l' C7 E/ C& b8 u0 h5 K! n, Z
respect of which the claim is made or otherwise verify the reason for the claim; and
- E. x+ _& k7 U, J, Z6 B(b) an application for the refund, including such evidence in support of the application as may be4 G$ r# D0 k, r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the; p! L( h& {- i1 T' ?
prescribed information within
* b, ^. g5 F; R(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 e* \/ W, K/ S2 a
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
; I: m! Y+ f1 {(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 C$ I5 e( s. b1 N% D9 X3 bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 N! K# B/ h2 d7 c9 \(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* u/ O% P' I; e# Qthis Act as if it were a re-determination under paragraph 59(1)(a) if
; w& h k0 G8 M% ?0 S$ P& n: p(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
5 d* h% c q0 |because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not D7 I! q2 _# E* t
eligible for preferential tariff treatment under a free trade agreement; or
4 \% _( {* V4 ] D5 A(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
# q* U% N1 A2 h. M9 A! m2 Kbecause the origin, tariff classification or value for duty of the goods as claimed in the application is$ @8 {: q# b8 @/ X# M1 b6 N% p
incorrect./ e+ S5 K+ J0 {
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," F3 ^$ E! e: _1 a9 |7 d* H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- l% A d9 l! O' y. Fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& f4 `4 E% P- z- h9 d8 Twere a re-determination under this Act of origin, tariff classification or value for duty.( F9 {" W& z6 \9 i0 F, Y7 }" [- W
, u+ K8 ]" [) @/ l& x& ^1 x3 o7 n这到底是说可以还是不可以啊? |
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