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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- j$ z% R" ]6 l. _3 |# Z; e% L
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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" @! v* ] I- m. ERefund Requests
( P& ~8 ^' @/ l8 c( E1 t74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 H! h! d9 q6 J; `: g% mpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 h; A; u' a; M V( }1 N; H
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
7 X8 U# q; {2 _' b3 s(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ n3 o3 q. _, u
Canada to the time of release;4 a5 N( m/ ?$ j! Y" g& Z
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 V# k+ e1 a' g0 W6 |! ?5 q. j(c) they are of a quality inferior to that in respect of which duties were paid; u- {$ G' H* Q9 ] \
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential, w! ?! u7 f0 \9 P
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 i7 z. R* O3 }) t7 mcase may be, was made in respect of those goods at the time they were accounted for under$ f, }5 Q0 j+ r6 w: k" o" w
subsection 32(1), (3) or (5);
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- x$ c0 B$ f5 x9 n" ~(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 g9 ]& f" L8 C! r: `
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 Q3 C* G7 g' E$ s5 h) U5 z' H7 Oaccounted for under subsection 32(1), (3) or (5);' a" s6 e! O7 d7 z) n
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% E0 O, E% u2 I4 [! m+ w(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* s4 o1 H, b1 |$ y" D* @
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 f7 \0 Y" ?2 s: D Bvalue for duty in respect of the goods and the determination has not been the subject of a decision$ O h/ r$ t& q) @, k! W( K5 m
under any of sections 59 to 61;
( v& B; H& J! B# U3 `! j(f) [not applicable to non-commercial goods];. C8 k, @* u4 h- E: i
(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 \* ?2 Z: y @2 L
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 Z& g) I; J! `: u" r, V5 N
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: \9 A3 @! b) V: ]this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).2 ]1 C& z+ g1 E- ]6 u, c
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! f& m( j1 K. \; y- Uunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 J5 w% |! {! h(3) No refund shall be granted under subsection (1) in respect of a claim unless/ r" ~5 } N3 E- A
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! L) q, \, Z3 y/ j5 L( a2 Y
respect of which the claim is made or otherwise verify the reason for the claim; and
5 I7 |& P/ n: }(b) an application for the refund, including such evidence in support of the application as may be" G: O) a% U9 S# {; M/ S, l2 g7 |% k
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 w- r" u& w) ~/ O
prescribed information within1 n: D% K" P2 G% Z! @0 K# ]
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 M7 v1 n' N/ O; F% d' L5 x. B
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) m' ~6 s2 H) z5 X(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: S8 P# w9 P5 v3 y8 `5 Uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( c4 x' a+ ~/ b% o o(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 g0 C1 P+ R v
this Act as if it were a re-determination under paragraph 59(1)(a) if" a- ^. _; `9 K2 @
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ E2 E& Q9 E4 Q- Z2 Obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. ^: V3 A+ ?# [/ m; Leligible for preferential tariff treatment under a free trade agreement; or6 [' G C$ e: s U* v' c: C( W
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 J. |# D2 q2 R
because the origin, tariff classification or value for duty of the goods as claimed in the application is r! e+ z0 [4 D
incorrect.3 ^; @9 z6 ]) O2 y' h+ K. W& e
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e), T% `7 [- z. D2 S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 F3 c8 @) Z5 `: `* w4 q4 G( _other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' z! H- Y& A0 }0 J0 Z
were a re-determination under this Act of origin, tariff classification or value for duty.7 F4 p- E# A& v4 K3 M
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这到底是说可以还是不可以啊? |
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