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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
. Y0 z8 n" R& I. j3 g上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests; a4 S) e) C p/ w' L! c8 @0 u
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who9 C4 |& Y3 d. f- O9 k, ~
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 R/ o2 k2 G1 s2 B- o) C E" H0 ?of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 G* y% F& @- `0 h; z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ G/ J& T5 ], p, Z/ w. n/ O
Canada to the time of release;
: }3 e: T9 E. T) J) U/ J(b) the quantity released is less than the quantity in respect of which duties were paid;
0 ]4 |! S* d' j0 F(c) they are of a quality inferior to that in respect of which duties were paid;
. s) i* d& u s(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 z6 c& n; U; z, r Q# y. @
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. u% l0 J6 H8 g# b1 _! _case may be, was made in respect of those goods at the time they were accounted for under9 [- |; X+ L; u- O/ _3 I
subsection 32(1), (3) or (5);
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D: j% A- a1 n4 L(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for e$ O; T4 l. T
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are B! I% G$ n# F* j5 S/ B9 ~
accounted for under subsection 32(1), (3) or (5);
1 g& t2 y2 r7 Q- d6 a- [+ A(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 n- A3 Q3 l3 J4 r3 M) l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% u/ [. A% W- @' Q- r# uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 P2 Q& e- U2 Dvalue for duty in respect of the goods and the determination has not been the subject of a decision8 I+ w1 }$ m6 e! b2 u& z
under any of sections 59 to 61;" w+ g& P8 ]: b3 X! h
(f) [not applicable to non-commercial goods];" W5 j/ Q" D4 I% H# Z; @
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
y6 ~$ E& d0 s(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! H m. J/ o6 u2 W; T8 d+ Eon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 p: [* ~# t: @this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ r0 J$ z9 q# d+ F: M1 ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ }5 r# ]2 P( Xunless written notice of the claim and the reason for it is given to an officer within the prescribed time./ a$ G1 ]% n0 v! f
(3) No refund shall be granted under subsection (1) in respect of a claim unless
! q( p5 A: F" |+ _) y+ e6 n% p(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 G; B) r" Q3 y; I: B0 m3 Qrespect of which the claim is made or otherwise verify the reason for the claim; and
; H" N! l( N% V) `) T; R(b) an application for the refund, including such evidence in support of the application as may be
/ F# q+ B' p7 C1 M" v0 C8 K! bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 t6 G, g2 E" Q% Y8 D
prescribed information within2 w: A' z+ j& R" I
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 q: T: \! }% h5 r7 c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% M2 V% i4 ^! @(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 @- b1 r" U9 r# @& }6 h$ j3 G
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 `* y3 w! S I
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! ~/ Z: @/ x. W# }* c6 f
this Act as if it were a re-determination under paragraph 59(1)(a) if' Y3 D9 C; {7 ]' e: m' @1 N
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 [5 ?1 S* _' j) w. I& ^ M
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 T8 z* Y9 i# ^ l7 beligible for preferential tariff treatment under a free trade agreement; or
/ b/ i3 s9 X" T# _- h(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( b) l6 T6 b0 z: Sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
: y' M$ y2 h. v3 P Yincorrect.1 P) P3 z. ]6 ~1 ^& ^4 A( |
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 v; P/ A& X5 }; e(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# \/ w' K; A$ U, E
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- H# s5 G4 F: G$ }, N8 \were a re-determination under this Act of origin, tariff classification or value for duty.9 y7 Y7 n1 W4 ~) M$ u
% p ?5 }* a& D Y M) I这到底是说可以还是不可以啊? |
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