 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- j# g; G! d* U
上面说 非商业 进口 可以免关税?: I: C7 z# S! \- a. t
% x7 d U |, @, x$ a- N
7 K8 I, W$ T8 g# U6 p( `! M9 m2 F- y s: Z9 V
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; n( ?! u+ V) `8 {3 F
4 r: D' C( d9 ?% Q
e: b( s' z- e! Z. p+ a$ k8 I$ u% BRefund Requests
$ Y. Z8 g4 o1 P& U9 ?; ]/ j d+ s74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 e4 O! }' E: m8 T* ], s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; w7 [ q8 x9 f" o. w. I* Fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& i2 ?) l: _( i% i(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ v+ t3 a$ m# d6 p& s2 lCanada to the time of release;
4 n( K7 g0 h7 O; ]' a* V(b) the quantity released is less than the quantity in respect of which duties were paid;
b- [4 t+ A5 H: o, ](c) they are of a quality inferior to that in respect of which duties were paid;
! J+ K! v+ b* n. D' f! O9 A; v; g(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 K$ V0 b2 H- b5 {# }8 }- N7 B4 ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ I( m( b- ^# E. B h1 a+ Scase may be, was made in respect of those goods at the time they were accounted for under+ v, A' |; E3 p; F# n+ W3 k. N
subsection 32(1), (3) or (5);' x8 v5 ^8 i6 k* H
3- s) e7 r7 y6 o+ N# x9 D+ L5 _
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# W1 D3 S# C `& |3 W* q+ N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are; _7 S r X/ U5 r# x
accounted for under subsection 32(1), (3) or (5);
9 `9 c5 _ A. w! Q& l' _(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 |/ V8 n- F8 I; V' L) {$ V
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& ]/ [% X7 T" U' R% Yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
U4 a0 T5 {- T) W: T9 b- Ivalue for duty in respect of the goods and the determination has not been the subject of a decision+ v1 o! y: E/ O1 v s
under any of sections 59 to 61;5 K) f6 u1 c' R1 M
(f) [not applicable to non-commercial goods];; N7 C4 X/ T: K6 J. \! X& _
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
z/ k. {, `0 \ U8 K$ O2 j(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 q6 I) p0 O! z' F! Y" _on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 q7 g* G9 l9 _/ U# `) @3 D7 I4 B& Sthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) H7 U0 A' y9 b# e2 g7 W6 A" D(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% `& P9 f" U1 ~- ~unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 I6 \# i, ^1 F& C
(3) No refund shall be granted under subsection (1) in respect of a claim unless
. L/ `; E4 j# ~$ V+ p. L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( l; t- M y2 w3 s8 N2 Q+ y# y& ^
respect of which the claim is made or otherwise verify the reason for the claim; and
; L9 ^& g9 H5 a(b) an application for the refund, including such evidence in support of the application as may be( |5 g9 `; D% U2 l& f' c! A3 O
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ C7 ~ D& A3 |3 J l( Y
prescribed information within
! Y; P5 y7 u3 _/ `(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) F/ }4 s% K4 Q/ Bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* [9 e4 q# K9 g# e- C& j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 ]" D* d3 ]+ K. ]" I$ s
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.& }0 L/ |" w# {
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of) A: ^; G* L/ ?4 V. p
this Act as if it were a re-determination under paragraph 59(1)(a) if4 }) M( f6 z+ R9 I$ T9 t; ?
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! {" b+ V6 z- }$ y D0 P
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 {- h6 E4 Q: @$ P) x- {5 k1 beligible for preferential tariff treatment under a free trade agreement; or9 G5 A" S- B. ?4 J( _
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& z9 ^5 X q2 i, G
because the origin, tariff classification or value for duty of the goods as claimed in the application is
& z, K# m% D8 b2 I7 X1 Mincorrect./ K: @- Q1 J; f! N' t
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),( ~- g: [& R! }( Y& |1 X* J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" w+ {" s( }: j) Mother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% d: r8 Q* n0 E
were a re-determination under this Act of origin, tariff classification or value for duty.2 t3 u. E; {/ q3 t4 b
- O J$ Y; D" s% v( I
这到底是说可以还是不可以啊? |
|