 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% K& [' {6 ^; n" W上面说 非商业 进口 可以免关税?. Y* j0 v O3 N2 J& L- l* P4 Z4 W
2 @1 ^7 e; A- Q
+ ]5 `/ R- j! |2 @7 ~4 e$ b- S
/ @% \) v* e7 {/ P# K0 e+ n
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ _$ z$ M" \& a7 I) l& S) i
3 a; Y" G* b3 @9 R4 x* |+ K; o
) ^7 Y+ f e7 H: H8 J5 bRefund Requests
2 D, d9 E, i2 R1 I- ]1 ~2 e+ F. |74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who6 f- w$ v4 V. ~( C9 g
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# t1 Q8 x+ T6 b/ A
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. ]4 P. L4 J% J0 h! l(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. a) Q( ^( P. a
Canada to the time of release;8 X9 Y, A6 ^. o0 P; G- I1 E
(b) the quantity released is less than the quantity in respect of which duties were paid;
" v5 S* L" f! I2 M) L5 i& g* V(c) they are of a quality inferior to that in respect of which duties were paid;
. D2 J! y7 `% F8 u! D1 P(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 G3 @6 Q( r" K0 X* q# c; F# ?, M+ ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
r' J4 v( `: _1 G9 Kcase may be, was made in respect of those goods at the time they were accounted for under
% G" f" w C4 d6 n+ f8 [/ h% qsubsection 32(1), (3) or (5);
$ y# k3 |, u7 f5 I' {3& R( Z* G$ [. y& S! H' F! e
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ A. |! Z5 o- X. Y% [/ C4 n4 u
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 W+ h' R W8 Xaccounted for under subsection 32(1), (3) or (5);- w7 @9 R$ Y6 I0 I i8 h* x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 `7 P" S: l/ F% p# q' Y0 D
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- o8 j$ ?0 v9 w2 gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& o' L- O4 p! {' U( m4 _
value for duty in respect of the goods and the determination has not been the subject of a decision
. g; N$ A0 z/ a% t4 Lunder any of sections 59 to 61;9 ^2 C3 _. i6 O# ]/ m: `% L
(f) [not applicable to non-commercial goods];
, h. V5 A! ]" `(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 w Y: A, D: S' Q' t- J- J
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% n7 ?) t" _- p) X# r# e% Qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ A1 l3 k$ l" t# d1 N+ a* y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: H8 u& @! R2 }7 L! Q8 l. s(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 O7 D+ [! ^2 J" @9 |% N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- K8 x3 ^; l$ h(3) No refund shall be granted under subsection (1) in respect of a claim unless7 Q2 ]4 N; z% x2 M3 U% k! @& e r0 a
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) Y% M0 z- _# k' b n- A
respect of which the claim is made or otherwise verify the reason for the claim; and
R& G( x/ x/ ?7 O+ j4 L(b) an application for the refund, including such evidence in support of the application as may be: [) z* q" Z! t5 [5 V) f9 X$ u
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- v- Q6 ~/ f$ E, Eprescribed information within
7 T( \0 i- n+ m) \(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 F( E( B- E" {. b. w+ `or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and0 }* J; I6 C3 J6 ]
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ ^% K9 G; m8 V+ R/ g+ y% Iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ s/ x& Q1 |! ](4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of( b9 F# G( r& T$ j4 } t" [, _
this Act as if it were a re-determination under paragraph 59(1)(a) if B8 ?% {/ B& h
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ F! U' o6 c) [" _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 a) K' _& O2 p+ G% y
eligible for preferential tariff treatment under a free trade agreement; or
; O4 q) d+ j I: h+ w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( z; j6 }: P3 s" T$ S/ h8 b" Pbecause the origin, tariff classification or value for duty of the goods as claimed in the application is D$ @: A4 D$ R" d7 N# M) ?
incorrect.
, f9 H+ [* y. s3 x7 q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) P* r. \7 n, f: n( a2 O
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
( W; A) v# e& m9 J# f# c3 Qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# `* ]1 `+ v9 S `
were a re-determination under this Act of origin, tariff classification or value for duty.
; {. _' N. _/ N# B. P4 |8 C: l$ z+ z
这到底是说可以还是不可以啊? |
|