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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ Q& X; t0 c; E% k9 S; ]3 O' V) W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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]' X' r: a8 L* J, h# mRefund Requests. f- ~2 @5 u3 C# v( g$ C1 s
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 ]# D H4 p6 J5 v# V7 j lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
x# n. V; e, {. n5 W$ k8 Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if! S' X- b' ^( u; M
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) ~' ?. y/ ~3 T7 c& n
Canada to the time of release;+ G) T9 s/ r( O- [) _& a2 I
(b) the quantity released is less than the quantity in respect of which duties were paid;3 _; r5 U' y0 P
(c) they are of a quality inferior to that in respect of which duties were paid;
5 q) u M. @8 }0 |; E(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# N9 {# F3 h" n8 H; _3 qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: [5 \5 o2 c# M& E" c- W' acase may be, was made in respect of those goods at the time they were accounted for under# Q* T9 r9 s" ?8 ]) Y8 G5 s, P
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+ a$ F1 T" O( ~
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are) G7 r, X, w5 G' u- C
accounted for under subsection 32(1), (3) or (5);% I8 Y) \) G; b
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( z" W! D }: \% a$ w4 W& _# H6 s+ i(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 |* ~0 c Z$ H! E% L2 i. `" t# ?$ q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 D: U% W( t5 m7 G: l4 f1 i( u
value for duty in respect of the goods and the determination has not been the subject of a decision
0 X) O5 K5 w* }$ r5 W+ Punder any of sections 59 to 61;
# f4 l: d3 y. j q4 L2 U: v5 Y1 z+ r(f) [not applicable to non-commercial goods];
# K3 z- l. N" G; I% Q2 Y: a! I(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, f6 ~( w) {- y# T(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# G7 V4 o+ Q: L$ E! ?1 ?1 O
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ U; d' w; e) t2 ^1 M, Dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! \9 v- z) u6 N r! j
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 u8 c) v- q8 G; L; w% t
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
C% Y# @6 f! J/ o9 L- L(3) No refund shall be granted under subsection (1) in respect of a claim unless6 A0 K/ k5 e( e; I$ w6 c
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% o% \5 G3 }$ U
respect of which the claim is made or otherwise verify the reason for the claim; and
) p$ c& M+ K2 D) P(b) an application for the refund, including such evidence in support of the application as may be
7 s: S) B( F8 m, \4 e3 x; Mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 I! H+ X7 Y" U: T5 i. K
prescribed information within
! P' ]: @3 e3 C" ~; N5 J1 k(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# k' ]" W* e: `" yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, P8 {& t( e' C8 Y* {(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 Q3 ?* E7 y: J* @: k7 @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 q! i6 z8 S s+ e& j. I4 ?(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- z/ G# W# Z' Y7 Athis Act as if it were a re-determination under paragraph 59(1)(a) if i+ {+ ^0 k% l" X
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 k q$ S0 H/ U: ]5 z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& U- a0 D5 I: v& Q# Oeligible for preferential tariff treatment under a free trade agreement; or
$ |3 h3 j. G( }; p* Q# c+ e1 N) R) ^) s(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 H) h- |8 e" Z9 a
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ g Y5 r! n& {. E! J; v1 N
incorrect.
& ~3 b( C1 l& V2 i B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ d/ U2 m- B. g3 t3 l% J: y! b(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 A7 ^; w4 G8 R) ^- Uother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, Y, J8 @, U' _* B" {were a re-determination under this Act of origin, tariff classification or value for duty.
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