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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" j/ m* k9 c9 F; Q' ]+ ]
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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Refund Requests& l; r% P" g8 v5 y% y1 @2 a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" S8 x2 I8 L: J4 P% v8 H
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
+ j" I$ D$ |; H1 f1 k! wof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' }2 a0 o5 ~4 @(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ {6 {" y- r8 U
Canada to the time of release;2 `2 d) ?: n4 w3 I1 s! U7 B! ~
(b) the quantity released is less than the quantity in respect of which duties were paid;
. [7 D+ F2 m' O9 V9 ]0 u4 f) z7 w' ~(c) they are of a quality inferior to that in respect of which duties were paid;
7 e/ l6 v0 Z' E; q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# t" \# W! q( ]: ]2 A6 ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
3 X# h5 D' m X- ecase may be, was made in respect of those goods at the time they were accounted for under* S/ p- k) {8 E3 M
subsection 32(1), (3) or (5);1 c. W" c# f3 W& |2 g
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* F6 Y0 I1 Q0 h f" A6 d* x(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for l) K; E6 l: `% F
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
?% C& `0 R( q7 k# [- a8 Caccounted for under subsection 32(1), (3) or (5);
$ W1 t+ H/ A8 V* s(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' @+ E9 g3 ~+ u1 y6 I. j* D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* v! d7 V3 Z! P6 W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% m! A) r2 a3 t# c8 h0 Wvalue for duty in respect of the goods and the determination has not been the subject of a decision
% V- Y0 n" {' m4 T1 h5 [under any of sections 59 to 61;, \8 J, k0 Q2 u8 K3 a2 D
(f) [not applicable to non-commercial goods];. a& `" V5 j0 N2 L
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, `, {/ @0 }) u7 K# J, `(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' ]8 i- B" p, ~% F1 non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" }% ]$ z9 r% C5 A3 V( ~# M9 [
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" a* ^( v2 M; T(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 Q% s; S: ~3 V/ U9 n1 I
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 ~/ B# L; g$ n9 K(3) No refund shall be granted under subsection (1) in respect of a claim unless _( d8 ^5 H9 B( ]9 e2 j/ V
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( L) X; [& Q$ ?) ^. a8 Y" Orespect of which the claim is made or otherwise verify the reason for the claim; and& L, ? \" a% ?1 P4 A+ H4 {3 F# D
(b) an application for the refund, including such evidence in support of the application as may be
7 h* E9 q; \2 [8 @5 `prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 L9 y w" D% V S
prescribed information within
: ^* ?4 Y' d8 q# S4 p, f(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 i7 N, a, o( Q; p: \or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
4 h" E7 n M( E" P7 l5 l(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: M& N; t3 i) s6 E0 E$ V
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 Y$ K: S4 M$ r# d# y/ B
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 {4 P. N* P6 T
this Act as if it were a re-determination under paragraph 59(1)(a) if2 r F8 L) ?" J: _
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 I* \# R1 @/ ]because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 \ S8 t* k4 E. x, T Qeligible for preferential tariff treatment under a free trade agreement; or3 f z1 K& {( s. R" [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 X/ L/ m1 j) E( {( ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is: C( E; u0 `& Y/ g7 q
incorrect.2 F8 a8 A" Z/ K5 c) F2 P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ m, {' x2 t* N2 ?# X& v3 |& u2 l(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 H" R& g/ I8 y* z% L' b
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 X8 o \# R7 p0 v, S3 uwere a re-determination under this Act of origin, tariff classification or value for duty.
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4 h& R0 H' N% K4 A1 B4 |: p" L3 W这到底是说可以还是不可以啊? |
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