 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& C8 E0 |9 ^1 P+ X
上面说 非商业 进口 可以免关税?
0 x6 F" N0 S. R' T* Q2 M8 g. V! v5 H2 ^
: h6 k8 x l& u9 O$ h
4 u- ~. c1 V' m: s7 {http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 N" N0 F- m5 A4 y6 L
2 ]% K( n. o% ?. y
$ @9 ?5 o" c) X hRefund Requests) Z7 Z' b" d# i2 ?
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 z0 l& h- V+ s$ L% M' }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 }6 [! H* y4 v$ `$ \ p6 M
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& t8 A* y. u9 d% d) l(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ j* ]3 `# {' b0 g7 H, a
Canada to the time of release;
# `8 s2 L- ^+ d6 ~& J# L( y(b) the quantity released is less than the quantity in respect of which duties were paid;7 t! d$ H* v. `( m6 `
(c) they are of a quality inferior to that in respect of which duties were paid;# O5 M5 ^6 q1 N1 b( K6 |
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 s) u" H1 P# v/ | ?
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) g0 n1 B& {5 [% E8 c# M0 |
case may be, was made in respect of those goods at the time they were accounted for under$ i* d5 t1 {3 [
subsection 32(1), (3) or (5);
3 g$ Q( L0 r. w4 D9 Z" j3% Y) b% I2 h3 |0 p
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 u& L$ S/ N3 f1 L$ Y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! {9 B: N+ [5 R( ]2 taccounted for under subsection 32(1), (3) or (5);( g9 `: P: M0 ]2 g) ?! o6 J
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# c: m9 ~; P' r8 s
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 O6 |0 B, o+ ]8 G) w ^8 X4 Yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
e3 `1 r5 G8 y# g0 `% Q0 a* N5 ovalue for duty in respect of the goods and the determination has not been the subject of a decision
: j- V D: R1 runder any of sections 59 to 61;
- ^1 [% T1 p: c- F% J0 e; ~(f) [not applicable to non-commercial goods];; n9 c$ g9 A! d/ m- K0 {% U
(g) the duties were overpaid or paid in error for any reason that may be prescribed.- ?' t. _( C/ V" K, `0 f5 g+ o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! U p+ F2 C2 V
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ y# }+ V4 R4 dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 b6 _" c7 g+ s8 D* ], @- _: U3 A3 d; v(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" c, m9 |4 ?5 p5 u! h! ]8 C
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 s- e6 @- }# Z
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 ]5 o% n0 M. ~2 g( h, X
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) }" S s, j! J: Z& B. Rrespect of which the claim is made or otherwise verify the reason for the claim; and1 {; s ~3 u" t4 E. W/ ^$ l
(b) an application for the refund, including such evidence in support of the application as may be
1 Z8 r- {4 d3 d# [! q; h, l2 F/ G, Hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the B4 [; H7 `7 l2 N& y$ ^7 i l8 X
prescribed information within
" `; A% N- _! {(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, S1 I' ^- |' Y9 C- _! nor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 u, l2 U) u# h(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 D- F) ?/ e& ?) E3 s5 Iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ M N% b4 I9 n7 f! |) C. f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: k/ A+ v& [% m/ Y# pthis Act as if it were a re-determination under paragraph 59(1)(a) if
9 Q! G6 S, D2 Q3 V9 n: l. t(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 U* h3 r( [+ \1 @1 ~
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: Q+ q3 w+ f$ _/ |! xeligible for preferential tariff treatment under a free trade agreement; or
- g/ e0 y6 J) ]6 k2 w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, D. S, M7 s" X
because the origin, tariff classification or value for duty of the goods as claimed in the application is4 _/ q" {- j9 D+ C$ \& C. T9 E. d3 [
incorrect.
6 {: U6 d6 @# M: w6 e. k) Z5 g# i8 B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" _% l/ o5 d0 R, K' D3 E2 G(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 s. @4 z/ I. [9 k: z7 Bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, z& [; C3 P( W+ J2 Pwere a re-determination under this Act of origin, tariff classification or value for duty./ I1 Y/ r% _5 U7 r
) |$ i9 Y& P9 A0 H' I# A* d
这到底是说可以还是不可以啊? |
|