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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% E% {9 s4 f+ i# P5 M/ \" b: L上面说 非商业 进口 可以免关税?7 B4 M( ^# z" R7 q
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* K" ^7 Z7 @/ d4 i& jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf) ?7 X. g# M( R
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Refund Requests( I* D3 N' ^3 A" b
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 C/ r6 V/ W) T1 |# gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 K2 }$ h' Y: W$ p0 sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 @" O1 s% b2 n7 ~9 P# _& ?(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 Z) F4 Q" }1 n: z' mCanada to the time of release;
" k6 T! e6 D8 i1 L2 s s% N2 n4 G(b) the quantity released is less than the quantity in respect of which duties were paid;4 a8 v; n+ U0 |6 Y0 y& s
(c) they are of a quality inferior to that in respect of which duties were paid;3 Y7 Q: U5 H" K. f+ W
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential' K) e4 G7 l; {
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' R3 C& d0 H" Mcase may be, was made in respect of those goods at the time they were accounted for under) E0 ~7 r C0 q$ o: T. M/ Y `7 R
subsection 32(1), (3) or (5);
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! F; \, H, W1 n/ k# V(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 s: C; \! Y( E1 D! E- Y: E
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
J, |7 ~5 e9 _+ ]7 n: t4 f: raccounted for under subsection 32(1), (3) or (5);7 n0 U' }& q+ ?; t; E2 n5 U/ p
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 y( Z( v& q8 R0 {; {; s0 g: `
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( O: ~9 l. o: i
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! u. B0 I: p/ K2 Xvalue for duty in respect of the goods and the determination has not been the subject of a decision
- r+ G4 r _. F+ punder any of sections 59 to 61;5 x/ T, D; |' A1 U. F
(f) [not applicable to non-commercial goods];
. w( a) H' J" j1 \(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ P! N1 E) c" f( J7 T/ q" }
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' ^' t! u& F/ i# i7 T) I
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 [% B- K7 C6 |) W% Q) Z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 A/ ^7 _- {, _/ h3 _(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 i# L$ e* E; J: B1 E- o
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( e/ T* b5 r1 \' c3 \# }
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 }8 B$ \0 j2 d" M3 o(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 @8 S. a: C# t2 B& G6 {8 m
respect of which the claim is made or otherwise verify the reason for the claim; and
0 A: t+ n+ [ i) c- k. Z, y4 W, C! D(b) an application for the refund, including such evidence in support of the application as may be+ Y* W; r# r2 b* b# c9 b
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! r, o3 M8 F/ s/ B
prescribed information within l& ]% V* F6 a, r5 p' o+ O
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 A' ?6 I6 v, _9 o$ Q z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
O+ e, g" v, r+ ?7 p, M(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 \, [2 ^0 F, D2 s* M5 n; S4 u
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; g) s; }- _+ e. g% J7 q# q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. |4 v) o8 i+ g: I( t0 y' K xthis Act as if it were a re-determination under paragraph 59(1)(a) if
9 t, f, Y F; y$ C5 z. v# r. d* j8 n: \(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 |4 I5 ~6 r; _
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: j0 x& p2 I) [5 e! ~eligible for preferential tariff treatment under a free trade agreement; or+ u8 e+ G0 R8 w9 b) ? |8 m6 ~) m
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' C" k* o% v( O8 o* B
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ T2 m7 D' Q9 }" N8 [& O' h
incorrect.
: f2 \+ V D# i(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 ^8 Q! R8 @3 O. H& L$ z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' [# j& s6 L& x! y' }" dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( t4 [/ e0 n/ \* A5 [3 [) Qwere a re-determination under this Act of origin, tariff classification or value for duty.+ x# b; f- r: t2 k( L$ {
; a) {; Z. A; [这到底是说可以还是不可以啊? |
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