 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* Q- D7 B6 }2 G* P! t: a+ c
上面说 非商业 进口 可以免关税?
' \' l8 {' K* H5 E& @& _" z2 v4 N% [
; ?" }. G7 w+ v4 x9 i$ }* |' D9 j7 E+ s1 W+ I# D3 G [
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. g D0 ?& w1 \
8 G F( b4 D/ ^
# W t# c% k6 H; G# L( u2 fRefund Requests
8 u: g4 I: ^, Y" q0 X8 b74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ G% E2 w; s+ R( L5 Y6 [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 G' d$ A, y( Hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 e( n. H% e: V" F(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 m, Y& z% T( y' u' X! o) T3 Y( NCanada to the time of release;
2 t! U' k0 y- l(b) the quantity released is less than the quantity in respect of which duties were paid;, Y- O; C' q2 B$ b& X3 c0 D. v. O
(c) they are of a quality inferior to that in respect of which duties were paid;: D5 a- N9 O0 i% r+ a$ q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( q/ n2 c, y. [5 xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" K$ o1 Q9 [8 v) I7 I8 q
case may be, was made in respect of those goods at the time they were accounted for under
( K, j0 I" ?0 O' ]; P. ] Tsubsection 32(1), (3) or (5);. p5 j- ?: |) C: E5 \! Z
3+ G' \; N& i# t$ g: }2 A
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& B( R6 h6 A/ Q }
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 L7 c+ y/ p6 }' maccounted for under subsection 32(1), (3) or (5);
m' _$ v4 v0 h$ w8 T6 E+ x(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 ^) I# P7 h$ R# k8 Y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* r3 W7 w5 S0 }. ~
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* @! j9 A' ], _: }
value for duty in respect of the goods and the determination has not been the subject of a decision
$ E% H) o( `1 A% @* m X" Xunder any of sections 59 to 61;( w6 T: i3 A5 \+ N* j
(f) [not applicable to non-commercial goods];
/ o Z2 V# q5 w8 o3 \" v R, L(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 D5 B, t1 e! g4 W
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# |. O( O7 [! I
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 h' @/ m" D9 S6 ]& ~! N7 @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ I* S% Z: H' r$ `* h(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& L/ P: t4 d+ ^8 {7 ]
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 R/ U+ A' ]& V' {% P(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 |. F3 u" l, F H! P(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( f3 \5 ` `, H! d
respect of which the claim is made or otherwise verify the reason for the claim; and
3 f. I# f( I, l9 f! [5 ^7 n8 O(b) an application for the refund, including such evidence in support of the application as may be
/ X4 @5 G; S6 D! Yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
m) Z& l3 s; i, `; }prescribed information within
& _" T3 W, u8 {! i( j) z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 E T g; U2 g) H7 f5 u) ~; Z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% T' s% y" A' S- V(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 w, I: b! A! g4 Y4 [
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 k+ t; _; J3 g(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of p! w8 ?- |: T) R5 `. `. s: Q& p% y& c
this Act as if it were a re-determination under paragraph 59(1)(a) if
7 C+ b3 f4 A; ?+ n' _(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 j( r) F+ v& N6 a* E) M8 \
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% b- p7 I, _5 F" b! }eligible for preferential tariff treatment under a free trade agreement; or
4 a' o! W u! Y8 ]$ W. L# W(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( n# @, s( @9 [( G+ G! Mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 f/ a3 N6 F( A; x% F; K1 X# cincorrect.1 X6 ^$ C% Q5 P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 w1 m% ? Y* Y( F# c(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
p9 e1 e) t+ Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& r6 v) K. d; {* I8 v& s" f# y
were a re-determination under this Act of origin, tariff classification or value for duty./ x+ q. Q5 K* o! s3 g
! Y3 w* D+ B! g. ^
这到底是说可以还是不可以啊? |
|