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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* A2 M# d* [, J" @2 M% B上面说 非商业 进口 可以免关税?; f) C) ?7 r% D7 G3 }
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* p7 ?. q( h; M* a, h( q8 M8 P" Rhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf% l* k0 n# r R( J( {% b# | p; Y
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Refund Requests: p1 w' v% v% m7 @" j
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: \6 |3 o. M( j+ a% d& X. L: {paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ Y) a P3 W" v0 F7 o
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if' h& Z' p( Y8 S" } e7 M
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' @) G9 t) F5 c8 O6 _9 X$ zCanada to the time of release;# J# y$ r. b% G' I0 E* J+ l$ u
(b) the quantity released is less than the quantity in respect of which duties were paid;4 B- R6 h7 V1 A9 s# L8 w
(c) they are of a quality inferior to that in respect of which duties were paid;
) O; j; @8 S, q! c) p(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 J+ P, ^5 q3 V' Qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 z: W# S9 H, h& B3 ~) Xcase may be, was made in respect of those goods at the time they were accounted for under# Q) K$ @2 e' j- {9 l
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for" b) h8 _# \/ h/ W. Q6 G4 j8 ~
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ F& p8 v0 p6 r& u! Q$ h4 ~accounted for under subsection 32(1), (3) or (5);1 Q9 {+ u1 l' ~& a' H
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 A- u( l# y! q2 ~0 I, c; D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- q4 [% T; c7 ?. o$ c9 Xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* L6 r# R+ ]7 h1 G8 t- W5 q
value for duty in respect of the goods and the determination has not been the subject of a decision
) Q3 J H4 V$ @# E( t2 kunder any of sections 59 to 61;4 U4 _4 [, n$ ~
(f) [not applicable to non-commercial goods];
+ `% L: P. W3 g9 Q6 h(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ |4 Q5 U V. y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 y3 w4 ~7 V8 B. m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 f. k# n; s2 n8 n' W b! a
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* r* W4 P7 n, q; g7 u! U(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ r$ _8 j3 s( ] S0 }$ F, punless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( [) L* k, s/ H(3) No refund shall be granted under subsection (1) in respect of a claim unless6 j$ f; z, B# e h4 d+ q/ E) e
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- {$ C; ]+ N! H1 Brespect of which the claim is made or otherwise verify the reason for the claim; and* }; T- B1 `; v, [, m% b1 P& D
(b) an application for the refund, including such evidence in support of the application as may be) ~4 b' w. |/ [0 G- v
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
; T2 N1 K/ N, Rprescribed information within
, e X. V$ Z! g: p(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( j. l% L! B @( z! eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. |' @% }$ k9 H$ |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 H& f1 \5 @3 X" g9 bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 Z( y# w( E. W! [! \! Z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 n+ q9 n5 W) d) ?" m
this Act as if it were a re-determination under paragraph 59(1)(a) if& D8 G1 Z5 V$ N3 F4 M( r! q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ d: g" c( Q" S- d7 G
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
+ ^4 b( `% j% k6 g) M$ N4 Peligible for preferential tariff treatment under a free trade agreement; or
@! m% l) f! w+ O, Z$ A4 m(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) {9 ~. {0 ]! b( c1 \because the origin, tariff classification or value for duty of the goods as claimed in the application is
" G3 e. N2 U+ _, q3 @incorrect.+ G6 f! B8 a, X t
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 S* B$ q7 [, C' _/ ]0 |(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. g* @, `1 b' z) Q5 V* L8 O. bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ X* ?& K: T ~" O0 e& Xwere a re-determination under this Act of origin, tariff classification or value for duty.
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6 @& y- P* v G- K; f这到底是说可以还是不可以啊? |
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