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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' Q2 m( X4 C. m0 f* U0 d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$ ^5 v0 w& C4 Z* o3 O5 H7 ]9 f
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* Z2 |, ?" n3 h' X: C ^ qRefund Requests
6 t$ e! K; M3 e* v. ?74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% w) X* p* e% v8 [2 S2 t! Zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 J) l+ ?$ O" O5 U
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 h9 \6 }9 `4 u4 i& l
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( H& r T/ D/ w; W* Q9 w1 A; S
Canada to the time of release;. W: P7 q6 Y. b
(b) the quantity released is less than the quantity in respect of which duties were paid;4 r1 C4 O9 @5 ]- o
(c) they are of a quality inferior to that in respect of which duties were paid;
/ S- h" M2 X9 g& S(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 ?1 r' T9 K c8 ~
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 x7 b2 r' {0 @( G3 c. @
case may be, was made in respect of those goods at the time they were accounted for under
9 o* c+ ]5 a1 j* v% d3 Esubsection 32(1), (3) or (5);1 [4 I/ x. `1 i# O Y
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) P; Q: f3 I0 p! c$ e+ c% E+ q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* j+ Y# b* U% {2 T- _- J' Fpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 o M8 R/ J% {9 s
accounted for under subsection 32(1), (3) or (5); I6 A% S5 F- n
(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 x% a6 W N+ w- a* p, i2 }$ p
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ `1 c6 b% Y! v) I& d0 \. G# Fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ V* ]: _+ r% Q% L8 ~# y
value for duty in respect of the goods and the determination has not been the subject of a decision. ^ n, p! q$ i/ [7 H
under any of sections 59 to 61;* K( e- K( ^0 o& L
(f) [not applicable to non-commercial goods];
( M' \" |2 h, I3 D; |- ~+ n(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 B0 O4 {5 J9 b* d5 J$ F(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: C! \3 K7 e9 W+ L9 Q, e i
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: H0 R6 b& c1 b/ q) U! {this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
/ f$ d# y- J0 m% p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ v2 f6 v% C/ v ~( _7 }, B9 l5 Vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ }8 `/ _: h/ c! O" n. @6 X( ~
(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 ^0 Q' M/ }3 e/ x3 N+ v" M(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
% e% @* r- V# O0 `1 Wrespect of which the claim is made or otherwise verify the reason for the claim; and
5 Q1 E4 K J& x% k; E! D(b) an application for the refund, including such evidence in support of the application as may be/ E$ \$ z7 \3 t2 B- Y. P
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* a% }! t4 L% ]3 h: R
prescribed information within( _) i$ N! W( p8 e5 K
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 f' H2 v% f: Ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ Q- |% }' V) i, h
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# c' X1 ^. _. C0 o$ t6 C
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! ` s( W/ Q( V9 B4 e# I" O6 R
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 k1 Z2 X' D+ }: [this Act as if it were a re-determination under paragraph 59(1)(a) if
8 X4 H! R( G! @5 X) _3 Q* b(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% p& T0 s5 L0 W) J6 w; D
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' t; f1 ^. ^& {3 c* k4 l/ C
eligible for preferential tariff treatment under a free trade agreement; or
' [! G+ _: ^4 x) O, V(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# n! c4 J" H$ [0 S0 O
because the origin, tariff classification or value for duty of the goods as claimed in the application is5 |3 C- K+ E5 ~8 j
incorrect.; y$ I5 O/ `+ r X
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 A5 N: K) L# X* S: |4 l(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 l, z1 U6 n0 ?/ n
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ l+ w& H5 u) z4 r8 gwere a re-determination under this Act of origin, tariff classification or value for duty.2 ]& w1 |& v% s& l# q3 y
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这到底是说可以还是不可以啊? |
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