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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' _" {8 O# ~% T8 @& E9 y+ r
上面说 非商业 进口 可以免关税?
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+ S/ V4 c) b/ k! E0 v1 k9 Lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 o* M/ {7 E' E; m# [0 @ N
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Refund Requests5 t1 M2 `" D% ~! S
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who9 }" a5 {8 v0 q2 T ]! Z9 o
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' k0 H; F* _6 M/ v( N) U8 uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if% C- j$ {- l& [3 L& w9 j8 T
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ w3 K* T% }7 w; S" n
Canada to the time of release;
. J7 b) `( a. u) ~4 Z6 u: U: b(b) the quantity released is less than the quantity in respect of which duties were paid;
$ T; o) ^: Z5 w' r9 Z" _' z(c) they are of a quality inferior to that in respect of which duties were paid;$ y r3 y) g9 d
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( O' o6 C% t; W: f V8 Ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 i; [/ d# Z! h0 h6 F4 w
case may be, was made in respect of those goods at the time they were accounted for under3 I* m0 O# h6 p
subsection 32(1), (3) or (5);9 ~2 H! h* G2 H' z$ N( _, n3 m- C
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% u. d+ z7 M9 V! `% p: I(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! M) j/ K, q& M) |preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
I* E. d: h* G4 iaccounted for under subsection 32(1), (3) or (5);
8 M1 B( @3 h4 P% g; u: `3 U& E(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- l1 |, n( g0 v1 H3 b(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), j- n c/ c; P- v; O! t( R& G
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) F* H; W% |# qvalue for duty in respect of the goods and the determination has not been the subject of a decision* ~- ~! W$ B4 U* D7 Z" p( q( R, M
under any of sections 59 to 61;( Q) f) J7 r, y
(f) [not applicable to non-commercial goods];
S/ w1 w8 J9 P4 l- p# C' l6 [(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ \( M# i0 ^9 e2 ]4 V3 d& S% e
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
i7 S% ~, ? J9 c" Non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 u) E' F p+ I1 M u9 L/ W
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ A4 C2 {6 S+ X. B, |5 K(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim/ o1 l' }/ G# U, t* G5 z# L
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 `- p% J; ^! S6 l(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 M8 ?8 I1 I9 B, i6 L4 R6 y4 X+ P(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' q/ w- C: q( i- v$ J! r4 U% B" [
respect of which the claim is made or otherwise verify the reason for the claim; and% b" V6 _3 L" p y
(b) an application for the refund, including such evidence in support of the application as may be' _2 e, h4 }. Z! F
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
/ o" r r: J" F n5 ?" Aprescribed information within! n; E, q/ e) w1 g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' \4 S& y& V8 R* v: I: s7 n- I
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 a2 B; s& _/ G! d
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& B7 i [6 z7 b$ s$ ^
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.& ?9 P3 m9 E; F+ [) Z2 d; \
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
s' T( l. i2 j9 o4 \$ ~this Act as if it were a re-determination under paragraph 59(1)(a) if
/ x3 p* r2 E( K; P" r% L(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% f4 P! @# Y8 {
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 N7 j7 l: Q# z- I9 Celigible for preferential tariff treatment under a free trade agreement; or
( w1 z U0 S# u: ^! O0 ^# [(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, L) z# e- ~+ zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is/ Q8 r( a5 |- Z$ @* u }( R* D4 e
incorrect.
1 R& S4 m8 i' f; c* I) U- q5 g(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- ?8 j4 f9 ^8 ^
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 I3 v( s: g$ F5 P5 f8 G' N4 c2 Pother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it- X/ ^+ d& v' W* N& S+ p }
were 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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