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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 J( S- `1 s( u: H2 w7 [* r7 ]
上面说 非商业 进口 可以免关税?
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" q$ U2 `: c9 }- b. f* ghttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
1 v6 r& _* M, z0 K; p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 z8 ?7 V9 m5 h5 dpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part2 _* @/ B3 P* f
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 M5 N, u+ {5 p(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; p! j; Y3 b0 u1 n1 cCanada to the time of release;
' _2 k2 f- ~, F+ A9 @% j(b) the quantity released is less than the quantity in respect of which duties were paid;. R5 V$ S! S! j! B* o
(c) they are of a quality inferior to that in respect of which duties were paid;
$ T s9 a, j" S( t: k(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- r* C# C3 x! o- r3 Qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 ~0 e5 H6 `4 ^4 `$ D$ ?
case may be, was made in respect of those goods at the time they were accounted for under
& x9 u& ?" P) R5 E7 [& i+ v. u; tsubsection 32(1), (3) or (5);( L: t6 _8 J: I7 M
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' X% O, W) c) D, j4 \! F4 C(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 N- i b; H, W: Tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% a& k# h. o- K2 R1 paccounted for under subsection 32(1), (3) or (5);( C- H1 i6 I) ^8 C/ n
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, y" \' B2 _" M4 z% @6 u3 p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% T; U6 \* v/ \4 g8 }
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 l! c) P% y4 K( s1 }6 H6 Z
value for duty in respect of the goods and the determination has not been the subject of a decision
. s- H; B" O* g6 s3 [5 O; T u! c) q- }under any of sections 59 to 61;1 S; b4 s5 H# C1 O$ v. J
(f) [not applicable to non-commercial goods];+ w; C% a* w, d8 S' u
(g) the duties were overpaid or paid in error for any reason that may be prescribed.% K7 b, e) X8 p( k
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 f% |, w9 J1 O* l/ _4 u! P: I8 P1 ?
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: D6 Z/ J" _1 }% @- ?/ P. a8 x$ hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& }( K0 @8 K4 C4 r1 E
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% u/ P. X ^9 J F4 ]+ ^7 Xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 o8 g% y; k2 S. z
(3) No refund shall be granted under subsection (1) in respect of a claim unless! x! }. U* T! `0 x5 Z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 `# r, J( c; S0 P9 n+ l$ L/ ^respect of which the claim is made or otherwise verify the reason for the claim; and
& [/ ~# t+ O$ n, p8 v(b) an application for the refund, including such evidence in support of the application as may be) [8 M0 ]- s" |; r/ S+ S
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. A' S. E- x& }0 Wprescribed information within& S" I( ~; d8 t/ e
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% o+ u0 _+ t, n! \3 P
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ L8 i( R9 w6 [2 z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( O8 [" d1 n" _! c* a1 ]- ]# C
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. _7 E* \7 J/ ]9 N2 C( Q" {+ R: ]5 f
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( m) m$ v1 ]! C) athis Act as if it were a re-determination under paragraph 59(1)(a) if2 V; U+ B! {9 l2 u+ q C
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ ?9 }* Z" P/ [' ^( f2 r
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! q6 q4 R- j- g/ p8 ]. n6 C
eligible for preferential tariff treatment under a free trade agreement; or
- S9 T4 K, p: y1 J2 @( O6 s(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 z) d6 z+ s' }7 mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
$ r" c( @! Y& t* Eincorrect.0 h, l+ K- x9 @0 \" t" R' C7 i
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) f- R* Z6 E0 _$ z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; o8 }; E2 T: A/ \$ M& I/ Y8 ~* H! l9 [other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 q O1 W1 ]% J8 F" fwere a re-determination under this Act of origin, tariff classification or value for duty.6 @ B/ ` j9 B$ A5 j8 H1 S& [1 }. P7 n
8 Z5 D, k2 p' |# C! }' P* G1 n; ^这到底是说可以还是不可以啊? |
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