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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations) g& P) e5 R9 p7 b6 a$ \, |
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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* w5 ^ P6 H! TRefund Requests
* C+ H! q/ Y! g/ n$ U74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 R3 K. D* c; G2 \. a4 zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; n9 u) R$ p) _/ Zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 A& K1 _6 T9 [. H' ]% A
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ S+ j6 S9 |" m- B. l0 z4 I: nCanada to the time of release;
* a8 H5 N8 F3 I4 V(b) the quantity released is less than the quantity in respect of which duties were paid;6 @/ k& |& Q B2 Q- q' b
(c) they are of a quality inferior to that in respect of which duties were paid;$ C6 E$ ? B7 G( O2 D2 u
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% [3 L5 T1 W+ ~1 R$ O& h' b
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! ]& h. a ~# \# r" t8 Hcase may be, was made in respect of those goods at the time they were accounted for under
8 M4 ^9 A- `% l; G+ c; S3 k# F, zsubsection 32(1), (3) or (5);" ?) e4 r6 l3 z/ I2 W8 ]- a0 X* B
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. o3 @; T8 W; r7 a* L
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 Z1 X0 d. q: U; r" h3 a! waccounted for under subsection 32(1), (3) or (5);
$ ?. g; _6 o I! M2 a(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: A: Z( O9 ^% C G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& r5 u! M- t3 {, K) [+ i: \6 x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; [+ x& K$ L+ n+ [9 @; yvalue for duty in respect of the goods and the determination has not been the subject of a decision
! E4 ]8 D& r5 Yunder any of sections 59 to 61;
9 n7 h) b7 @7 J0 z8 }(f) [not applicable to non-commercial goods];
! m6 F! V" P* s- ?* S/ K, U(g) the duties were overpaid or paid in error for any reason that may be prescribed.( Z' @9 m. ~$ f" z: d. o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: @8 U/ H6 J J- O: @! s. |1 w2 l: u
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! i$ J8 q3 a+ T6 n) qthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 |7 S! V7 Z! H. _; x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim m+ K! e) n3 M7 [% H( E7 I
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.1 s' c. k; K1 z
(3) No refund shall be granted under subsection (1) in respect of a claim unless
, T8 D5 v% K1 G1 g4 j(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, }0 p9 A1 \; V$ d. C; |" C- b0 yrespect of which the claim is made or otherwise verify the reason for the claim; and
4 N A, `* ?( S9 ~: {(b) an application for the refund, including such evidence in support of the application as may be
7 a; S* G3 T8 T# N! ^* V1 Pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
3 [6 }6 Z$ L& B# F# }1 Zprescribed information within% [' Q7 ^) ^" o$ s: t1 n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) H ~* d5 A( k& ]( T
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! p7 Z9 ]/ X( c( C) U L(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 w2 f0 B7 s9 Z8 x E
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., Q; ^8 U* |* G) g( r8 C8 l
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" C7 V4 T( f* [7 G& }0 }! x; V+ ?
this Act as if it were a re-determination under paragraph 59(1)(a) if
9 t, I3 U' e' ^$ d/ T x8 P(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 [1 \( O* ^. j! m
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 s4 T$ B9 G$ E+ Ieligible for preferential tariff treatment under a free trade agreement; or ^- c: ~3 s5 ?' V' l5 P x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
1 N% r+ P5 `7 u6 o8 Wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is( Z9 J, a; C9 }
incorrect.1 X9 F( T3 i+ J
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 g0 d- a( ]' C: S# t2 o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 u% ]3 |) d2 K: |2 G5 x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 H7 P# @" _! D, r2 s1 S9 {# gwere a re-determination under this Act of origin, tariff classification or value for duty.
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8 N- G3 g- j m2 ?这到底是说可以还是不可以啊? |
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