 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 a* @! w4 f2 y/ c2 O$ q" Q1 p
上面说 非商业 进口 可以免关税?
6 c0 F1 {! K" U& V5 k$ n2 k# E4 S$ W5 {% A# M" N e
/ N5 h" w( o6 V' m$ N s& n7 ^- H; n) e1 V, `, m( x
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
3 ~9 c9 Y1 Z& t9 C X8 R2 J& G. l+ ~6 j7 R* n
* l6 M) H0 W, C- O4 _Refund Requests
7 I$ P) {- p8 ?0 c# B74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who- @/ r) Y" T4 W y: f/ _) w. \
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 p) k( Z9 N! u" j$ B; c. l( qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if, ~- f2 W! W S* S0 U3 q- q# `' |" ~/ ?
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& z( H+ b5 B, i4 C# N. l2 J; w
Canada to the time of release;
: \5 S) ~+ m8 W(b) the quantity released is less than the quantity in respect of which duties were paid;
, y4 Y4 ?: \' b(c) they are of a quality inferior to that in respect of which duties were paid;% \* T9 x) o( w, L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ @3 o1 T% u/ L ]: j7 G" _7 @0 u
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ |/ j% E1 |7 E$ \, Ccase may be, was made in respect of those goods at the time they were accounted for under2 R! T+ ^/ c8 P H# A$ @ C0 S
subsection 32(1), (3) or (5);- ~ h1 G" E, p4 F; t4 }, C4 B
3+ `4 ~$ T* ~6 t2 u |
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 G$ U0 m3 z( |+ h
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 M! a; X. L! p
accounted for under subsection 32(1), (3) or (5);
' e' y( k: c3 ]2 V4 Z0 V- X. u(d) the calculation of duties owing was based on a clerical, typographical or similar error;, q# J3 i0 ^* A) k/ C
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). c: ?9 B+ Z1 i" @" O# {# W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 \0 T3 d/ v1 a0 N$ y, N: L2 O1 ?value for duty in respect of the goods and the determination has not been the subject of a decision$ H! h" ~5 u+ E( j; G# T( t
under any of sections 59 to 61;+ Q3 ^: F2 D" |6 Z( {7 b
(f) [not applicable to non-commercial goods];
2 Q: P. r' H% H( E# q(g) the duties were overpaid or paid in error for any reason that may be prescribed.- }. q- z9 G! ~6 O {$ l
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: ^, y# F- W$ z; o h8 l6 a8 Lon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) j1 C$ g, x/ [. p5 ]0 g2 H
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 o0 N# Q6 C6 T4 ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, I. r& j5 L$ J0 lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ d' M9 N% z) A(3) No refund shall be granted under subsection (1) in respect of a claim unless/ }) N" d/ [ V; U
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* i7 W0 q( K& f8 z. n
respect of which the claim is made or otherwise verify the reason for the claim; and
% I# Y# m0 r* s2 C$ c8 j+ `(b) an application for the refund, including such evidence in support of the application as may be' Y3 R* M$ x* q: u5 \: s
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 Z+ ~2 i7 d$ A: C, o9 m
prescribed information within
- z5 a9 Z2 A( a5 B- f& J( l% T) F(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ ^7 }& Z6 u Bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 J `0 I9 c. I$ j
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# v2 o5 G5 F m. `7 w3 D
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 ]; q6 |; |, D! b5 M* k% ?(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; b4 r4 I0 a8 D9 Cthis Act as if it were a re-determination under paragraph 59(1)(a) if. S) Z. a) A% R% `
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 p1 m4 m h' ]+ rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% W7 P& Q" a+ s6 S$ h2 H+ yeligible for preferential tariff treatment under a free trade agreement; or/ \& a4 F! T* ]0 u# d. n1 `
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 C# ~7 M0 R3 _
because the origin, tariff classification or value for duty of the goods as claimed in the application is
" u+ u/ X0 C" R v" G5 i+ @incorrect.
) A2 n( ?4 m3 w) C6 I& l& n(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ J) q& D) c1 A. f$ ?( _
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% a% d% g" G; c$ V
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
. B" [% V5 u' m6 bwere a re-determination under this Act of origin, tariff classification or value for duty. h* x) v3 F F4 U3 U5 a
7 W) i3 A3 a5 i2 S
这到底是说可以还是不可以啊? |
|