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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 J9 s& J0 |& V! R: u上面说 非商业 进口 可以免关税?7 |5 y& |2 W& t
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3 o2 V3 C m( s% \2 T, [5 ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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! d' E4 F( U$ x) \( _Refund Requests
, {3 T6 ]/ g# w74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ {+ z# n; F, s: u7 s8 Q0 H
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) s. p a4 Z$ [/ Mof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% X2 h" @2 v" J# `- e! f5 _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ ]3 M( S2 B u8 @6 @; d" U, d* k
Canada to the time of release;
" T$ [9 t5 R7 M3 T8 m(b) the quantity released is less than the quantity in respect of which duties were paid;
( L. x% H* i |! i(c) they are of a quality inferior to that in respect of which duties were paid;
# y4 X+ L1 r% ]+ x(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. N! H2 T: O) @; t/ f* G) b
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 s( \0 Z' A/ B1 w& {case may be, was made in respect of those goods at the time they were accounted for under
7 h3 c; J [" |! R0 E2 `subsection 32(1), (3) or (5);
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2 l% k7 }1 z( z(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. }) u2 L, ?% T# J6 A/ w+ o# y mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; t3 j0 R$ }; Q1 B# Y9 T9 }accounted for under subsection 32(1), (3) or (5);
4 @! R% Z( C8 H# K1 ~8 _0 s(d) the calculation of duties owing was based on a clerical, typographical or similar error;: H; j" T9 g8 W& L( R' d) E
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 m5 v# `3 R& W2 aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. S8 }" S$ Y, w3 P# P# vvalue for duty in respect of the goods and the determination has not been the subject of a decision
, u& H( k8 }7 O' ]/ ?0 {2 i- yunder any of sections 59 to 61;
) M) L+ W, e6 }* g(f) [not applicable to non-commercial goods];$ c- U2 M! N% u# a# X% A, [7 }
(g) the duties were overpaid or paid in error for any reason that may be prescribed.; j/ E; Q+ ~& a. j, a0 I
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" D @( N K$ @1 ^on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 J# R3 J% Q$ W0 H j; }4 rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 s2 s+ ~! o8 Y" h
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* j# d1 o1 ^3 f N. ?2 [" o, _
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! x' F; T- F4 K) H* g* n
(3) No refund shall be granted under subsection (1) in respect of a claim unless1 K4 D& K. }& B" c) L& v
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" b) F# L2 e, Z5 u- Z2 M
respect of which the claim is made or otherwise verify the reason for the claim; and1 v0 ?5 S3 E. q) w
(b) an application for the refund, including such evidence in support of the application as may be
, w3 K' ~4 x0 m2 _8 `( o; Tprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 I+ A" p4 Y* j2 V/ K/ Q- iprescribed information within$ r& d- H7 L3 s# L- S# P+ u$ r
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* g, D; b& _$ F) N) K- {( Z" f1 ]
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: S" n& {9 P) z$ O: s' Y8 m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' s# k" R. |& ?& _! E7 q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) Q! O( {1 Y* ^: G9 D# z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 D: P) z$ Z- k' A: V, {. W1 athis Act as if it were a re-determination under paragraph 59(1)(a) if+ R5 P$ D8 M$ f$ x% ]; ]$ A
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied. E4 l0 j9 P: R8 z. I
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 ^! k8 e- P/ J1 A& {7 h- e
eligible for preferential tariff treatment under a free trade agreement; or6 T5 E6 J% l$ ?+ f0 X& F) n
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
* F4 ^0 k( I5 C, m1 Hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
3 c) \7 d, C# M0 y% |. p$ nincorrect.
* }9 X/ v7 K+ t(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& z0 O/ X8 j5 ~) w% h
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 f! Q% ]9 q; {: S' l) z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it- Q3 x& d0 P- |6 j
were a re-determination under this Act of origin, tariff classification or value for duty.
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