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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; i4 j' v. w) t2 ]4 N1 g
上面说 非商业 进口 可以免关税?
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9 e* @, |) L# v6 G: G8 E/ Y$ Whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 }5 H2 \. A0 l6 ~+ P0 k6 W& e
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+ J) ^; o0 M# TRefund Requests
( O2 n( x! X- N# T2 m4 Q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 h- y6 |" G& h; i7 ?: W
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# C5 [9 y1 O) B; @6 S5 a3 r
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- B" @& z& m% s3 T
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ I" ]/ V3 J& m5 ]Canada to the time of release;
( O- Q+ h& M" y(b) the quantity released is less than the quantity in respect of which duties were paid;
5 i" r5 [. d1 d* q: ~ }: a7 D(c) they are of a quality inferior to that in respect of which duties were paid;; C! I/ ?% ^: Z
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ F/ l. a) l& S7 f0 |
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: g1 N' m3 n; jcase may be, was made in respect of those goods at the time they were accounted for under
4 a. R# e9 L8 Nsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- ]5 x; Q8 t4 [0 _# Y2 I) spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are! U" d6 {% E) E- ^
accounted for under subsection 32(1), (3) or (5);
8 U, B) {9 m( e; j- D# ^6 p7 F( P(d) the calculation of duties owing was based on a clerical, typographical or similar error;" K3 ]5 S8 g4 \* z& C0 j6 `: a
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 M L; H0 @5 o8 m. i6 T
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or2 o2 n2 c. R& w3 j7 {
value for duty in respect of the goods and the determination has not been the subject of a decision
2 R; e) J+ \1 x& M7 E) v0 Kunder any of sections 59 to 61;) b8 C( Y2 k# S" F/ ~% o; G
(f) [not applicable to non-commercial goods];: z/ k k6 b+ I5 g! K- w4 D
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# ?" @' _3 ^8 {5 M(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. v6 H: j0 q. _$ Aon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# A0 j9 z( y3 Y6 L5 v. s
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 C1 N; |' [7 o) V: _+ _/ F(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: ~$ M* B2 v: b4 A: A% q. \unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# L$ f+ }/ V0 {/ s(3) No refund shall be granted under subsection (1) in respect of a claim unless4 L7 ]" {7 O3 q
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( e6 |- W' H) Orespect of which the claim is made or otherwise verify the reason for the claim; and
1 G/ Y$ f0 x* r% q4 p(b) an application for the refund, including such evidence in support of the application as may be* Y- z* \7 |0 j# e1 ^: I
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% Q5 Q0 D# T8 }" D. ^2 B E) g* H
prescribed information within- G- I l( M8 g; x" b3 z0 \/ u* ?
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% P# L! B9 t1 R" g5 o t1 t
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 f3 I5 R% O; F* w: i# c(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods% t) j. {: k( s2 u9 g9 w7 `; i
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ X- l8 r B2 P8 A! |, n% b5 Q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! c" O" I9 t6 V: f/ ]' B
this Act as if it were a re-determination under paragraph 59(1)(a) if
* x C; X2 i5 |' @* Y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 L3 y @$ Z% j7 G7 _7 R0 Z! a' y6 Obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 {9 ?' S# l/ P+ m. e F2 }0 X1 Leligible for preferential tariff treatment under a free trade agreement; or
& ^) g3 V, ]" s3 U(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 n4 z3 r& y6 e
because the origin, tariff classification or value for duty of the goods as claimed in the application is
! l& H( p# O- n u. A8 x- v2 Gincorrect.' X4 I! B+ O( ^4 n; \4 E
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# R% `7 D4 j& j: i4 o9 [; P+ g" ]
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- S; r, M9 }* N8 u/ ~
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ f! H7 s8 e& w, R2 \/ | h5 j( d
were a re-determination under this Act of origin, tariff classification or value for duty.5 Q2 l, h5 h7 {7 e
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这到底是说可以还是不可以啊? |
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