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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 _/ C1 t; c! V
上面说 非商业 进口 可以免关税?8 D0 P3 C# F: S8 E# _9 F- z' s
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! `# ]1 c3 _) f- P* Qhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 ?- S- p$ s8 r( x" f% Q
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Refund Requests0 O7 u! T( h6 P0 q! C, S) c
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 A+ y+ H0 @) m2 E1 Apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part! x. @9 Y7 l5 j+ k1 C0 G
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; T* h0 _$ g* v" B! p, B' b(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: N; A# P, K" S' k5 {& `- v- jCanada to the time of release;- q% U- ?7 C5 X! u
(b) the quantity released is less than the quantity in respect of which duties were paid;
) I5 D. |! ?. v1 j! H% H(c) they are of a quality inferior to that in respect of which duties were paid;
' Q, q0 O$ K3 v4 p- \(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
2 {) B1 l0 o4 f- R6 \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& @8 l- R# R1 Z& H4 v. ?
case may be, was made in respect of those goods at the time they were accounted for under6 o7 z' t) J# p+ {" k ~
subsection 32(1), (3) or (5);
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; @) \ G, M9 e z1 U' P(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 ~1 z) T( O7 n: b
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' l2 q5 w, q5 [4 [) Q" `2 naccounted for under subsection 32(1), (3) or (5);
; ?$ ?- \: [0 F(d) the calculation of duties owing was based on a clerical, typographical or similar error;, r8 M- J+ p; Z- g* s
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: K6 }- l1 b3 s. C9 \of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( k6 k2 O8 ^3 `" [& T% M Pvalue for duty in respect of the goods and the determination has not been the subject of a decision$ K; g2 S3 T! y8 \. q+ F
under any of sections 59 to 61; z9 I. v' z# f, P+ _0 U0 a+ c" I
(f) [not applicable to non-commercial goods];
& ^3 v, B+ N1 r" Z! B6 S. Y(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 y3 Y) |5 ^, e! a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: `6 Z6 H( d+ V' s1 [' v( gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! W: X5 a. z& t6 {% P |
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# H t- U; q5 ? P
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" @" a3 ] d$ ]9 @/ Y9 A
unless written notice of the claim and the reason for it is given to an officer within the prescribed time. N: |% G7 h, d) ~8 T6 b4 d
(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 x$ c5 g: y t4 Z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
' V, S m3 p9 b- ^2 mrespect of which the claim is made or otherwise verify the reason for the claim; and/ j) r8 b2 @$ l2 s7 W& y% Y
(b) an application for the refund, including such evidence in support of the application as may be
, L( E a# x W% \# ?: x( xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
1 @ t! F# b8 D2 U. Q' Vprescribed information within* M# a. q- B. d3 S
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) m5 H9 |# ~( V+ w
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 ?5 n, Q7 ?3 B1 c$ K6 |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, C7 b' x0 k: ` m$ J3 H. i: y, kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ Y# ~! z4 X1 b5 x6 H4 D x
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; m8 {! c. Y6 w7 k5 k! J
this Act as if it were a re-determination under paragraph 59(1)(a) if- N$ S- n' m4 X/ s) m- u$ ^' w
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' n5 b+ o; D \: _0 a
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ O0 O8 ^) a: p* b# W3 zeligible for preferential tariff treatment under a free trade agreement; or
8 h6 P+ D# V5 ^$ i2 w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 m6 |5 W7 Z( b$ G' i( R* Vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
$ G# i! ?) X/ j- }4 pincorrect.; y8 A0 Y( I; k4 z; `$ i
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ Q% u6 c" c- b5 Z; u L, ^/ T- d( V9 Y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* A$ o$ e& u$ u3 o1 \* S) Yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
. J. n4 i c& Ywere a re-determination under this Act of origin, tariff classification or value for duty.! H/ f$ J9 Q& G% v5 Y4 k
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这到底是说可以还是不可以啊? |
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