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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
7 C W2 F1 ?8 U1 a# ^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& Z) ?2 S$ @1 v
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- a/ L! Q: b7 _: C8 C/ _Refund Requests
3 k# U; d; a4 S9 G8 [# R74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! M. z" i$ A# Q& zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- K$ f$ Z# {- Z: n8 `/ a. |
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 o5 v$ |6 a! E4 s
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ s! E) I9 B! z5 d6 A4 k$ d
Canada to the time of release;
4 A( U; [+ \! G, k. T. [& r) N(b) the quantity released is less than the quantity in respect of which duties were paid;
1 T7 f4 P. M/ @( H5 r7 B(c) they are of a quality inferior to that in respect of which duties were paid;
9 V9 c1 k5 O* F+ E* b7 k- t( f% A(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# |/ F+ A$ L$ H% F! h, {tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% A4 Z5 Y- T$ h* p5 q
case may be, was made in respect of those goods at the time they were accounted for under0 y: w: U5 s7 c4 j( i* B
subsection 32(1), (3) or (5);
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- v( J# A! ~. x# b+ u(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) \% T( e7 p. K4 X: x3 xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ O/ k4 r [6 T) G; ?accounted for under subsection 32(1), (3) or (5);9 k M3 j _" L' t- [) }. r3 M; `
(d) the calculation of duties owing was based on a clerical, typographical or similar error;, w _& `$ e& a# h& B1 g2 r) U4 t; D
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ K' T. F2 g9 O! u1 w r- A
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or a) D# B! d' }+ B+ e" @$ X% Z
value for duty in respect of the goods and the determination has not been the subject of a decision; x2 P4 H5 Y- u0 M( b" O+ d# i
under any of sections 59 to 61;0 ]; k( `2 l+ K% J! X9 Z
(f) [not applicable to non-commercial goods];; r8 E* Z5 G( |! U- f, s
(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 ~9 U4 h& s8 A9 I* X1 U
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, M& Y3 J* F: E! j: k" Y4 \on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ I" L( M3 p) U3 |# y; `5 u& o2 Xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 t4 |) N' Z$ V4 [8 X
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
" H: e, m7 A# q6 j' dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 h# z1 E. u" S(3) No refund shall be granted under subsection (1) in respect of a claim unless
' k+ @8 P6 E% A(a) the person making the claim affords an officer reasonable opportunity to examine the goods in S0 t/ v3 ~. T* v; g$ C
respect of which the claim is made or otherwise verify the reason for the claim; and
$ d- F8 {$ d% `(b) an application for the refund, including such evidence in support of the application as may be6 ^" Z t7 `2 C' t2 K
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, v1 j- m6 r Z7 y/ s
prescribed information within
, V/ @5 v7 \, ?1 Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
: R6 d# {' X% j8 Xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ ~! B, E2 C5 K# P
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- S+ ~+ J2 g/ k# |! t+ D4 }were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 E& V; \0 t6 W8 ] G a7 _(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ e. E5 c, Y4 v! S5 n* `this Act as if it were a re-determination under paragraph 59(1)(a) if& j& L* o+ }( N4 G6 \
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied) {" ]# z, I6 L9 s- q6 ` R
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# ]4 K: A) e9 m! V+ D- @0 J' meligible for preferential tariff treatment under a free trade agreement; or
9 }; o/ ?/ Z( U/ S$ c(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied" K9 L% ?/ ]0 ]; h; `
because the origin, tariff classification or value for duty of the goods as claimed in the application is
6 y! n4 v Y% N& dincorrect.3 A8 K2 x' h& j5 I) ?8 z8 K
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, V, F' x, r. u1 W- j8 Y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# G& t+ b3 ~/ u) Q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( K4 U& [! @" e: }6 i7 Fwere a re-determination under this Act of origin, tariff classification or value for duty.5 q, g: e' \# {: X5 a% }1 J
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这到底是说可以还是不可以啊? |
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