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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* F7 M1 B1 Q) v4 o
上面说 非商业 进口 可以免关税?) _& L' J ~4 v0 ?. j. m/ B
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# o) ^6 w! A* z4 o, }$ n3 ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
; ^$ ]/ B. h( u9 F9 j' o; W7 H74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: |/ R. E% d6 S2 K6 {; Xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part }/ O6 H/ f# a
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 s0 z/ P: @) e% O# ?7 A" e, p$ A
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ ~+ o$ A$ x9 F' y! K1 ^3 z
Canada to the time of release;, m- ^) N, u; J* ^* X) m" h
(b) the quantity released is less than the quantity in respect of which duties were paid;$ l7 |' b5 V* O7 G7 s- ~
(c) they are of a quality inferior to that in respect of which duties were paid;
& b( o6 R$ [. L(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential, e( ~( x: x& K) N* x7 m( m
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& T0 @' I% I, \
case may be, was made in respect of those goods at the time they were accounted for under# ~. L" O( z' ] M2 d
subsection 32(1), (3) or (5);
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4 `4 J' v; u. X9 a3 B- r5 H(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 {& g5 l& V' P6 ]7 v
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 u, @5 C4 T5 n: O: _/ W
accounted for under subsection 32(1), (3) or (5);# R% V: K' [0 o1 f8 l$ _
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# \ P; m. o5 r% J( `* H0 @
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ R: Z6 |7 B8 I' J6 ?
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. p. T u2 r0 u g. P8 E, r
value for duty in respect of the goods and the determination has not been the subject of a decision
1 l& B- ~9 H7 O7 n4 Tunder any of sections 59 to 61;. d R3 L8 _- f) s6 T
(f) [not applicable to non-commercial goods];
2 q- k' E- K# j* t+ g(g) the duties were overpaid or paid in error for any reason that may be prescribed./ b% r7 z& f: e/ {; Q% o* h% R
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 D6 l8 f/ d% Q5 s) ?9 R4 i+ ]/ ?
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 u+ j# F3 Z! q) f1 |$ f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# x+ ^) B0 r5 W0 }# f: i6 j
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 [, }4 d h# U9 x o, }
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ L$ C8 S0 j' ?' @; j2 K3 [(3) No refund shall be granted under subsection (1) in respect of a claim unless
- \9 @& m, J3 p% L" z9 m- B `5 o(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& }- B( V( r4 g0 ?respect of which the claim is made or otherwise verify the reason for the claim; and
& U' z R- L3 S* Q: B# l4 R* D(b) an application for the refund, including such evidence in support of the application as may be- n9 R" g4 s- g, r7 L% N* [2 _$ t
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" ?1 s/ V8 w0 b( s" i: k
prescribed information within* u5 x, ~! U* C- A3 E% H
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ l* A. p5 @; E. k" L* o7 }or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 C7 r/ L8 H% F: R5 `/ g: N! S
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; n1 O0 O' y8 k- z6 cwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* @$ X7 }; ]; Y( I/ `(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 L+ z* t: \ a/ Zthis Act as if it were a re-determination under paragraph 59(1)(a) if
: G) Y" U) ^1 h1 V(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, i! f$ a j3 E( k) {; Cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ w8 w/ p) l: D3 c
eligible for preferential tariff treatment under a free trade agreement; or
( q/ w1 p% ]+ e0 X* D(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 b+ d( M: D9 M! \because the origin, tariff classification or value for duty of the goods as claimed in the application is9 T7 e$ Z4 o1 D! y2 I
incorrect.8 ?+ t4 O7 {. L2 h9 Z; F1 f
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* d( ]9 ^2 X% z Q& X" m) H9 S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& D d7 _0 M W$ Y) h) ~other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ e' F" E0 G( n8 j7 M2 Jwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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