 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 W: F7 u/ u. x% H l
上面说 非商业 进口 可以免关税?, B8 J5 s+ \$ n
0 i' F5 p/ p, G3 U: J
: p' V. A/ g3 R% b8 T% k2 j: z$ v& X
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 M+ R7 M7 Q1 J$ I b8 x7 }4 G
" u) b5 { |3 ]5 P' i Y9 Q) F- w
8 B0 x, U9 s: N$ |) ?. F: U, s
Refund Requests
4 w0 D6 t8 O* _$ ?74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" m4 ^" e% u) a2 Fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, \# U0 v6 M% e+ Z, O% n! t
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ G6 C2 ^4 [) t4 V: Y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ P) A2 r4 H6 F7 N
Canada to the time of release;
' g+ @- m" V z7 D0 R3 c$ W(b) the quantity released is less than the quantity in respect of which duties were paid;
: G7 [: N) e# H/ K% ?1 J" p6 C(c) they are of a quality inferior to that in respect of which duties were paid;2 A7 x3 V# t2 t! V9 Q* l
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 i3 V8 U8 Q' l) S) i, d
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ d; ]2 E7 U V% r: D( G6 Z
case may be, was made in respect of those goods at the time they were accounted for under
6 k P* C; ~+ ]% S! jsubsection 32(1), (3) or (5);' I- G& R$ h+ C
3$ \0 F4 ?/ i& ?7 {
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: v+ E# R( X% ]1 I9 U+ ?
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; k" }, F: y, @ xaccounted for under subsection 32(1), (3) or (5);
8 K6 ~) J6 K3 k3 K% K(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 I3 y0 k& \+ ]: v i- Q! b(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# ^+ |. r+ }5 q1 L) o& Dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
$ o. S9 K" X+ k+ qvalue for duty in respect of the goods and the determination has not been the subject of a decision
2 E/ u4 V+ o! i# \* Hunder any of sections 59 to 61;1 L7 D* X& N$ T# s8 E: O5 Q2 {5 E
(f) [not applicable to non-commercial goods];
D: N) F8 d, y( ^4 l(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# v* j |9 N. s4 j' y, x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 I: x: @5 s/ ^
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! g/ [2 Q; i8 Z) h zthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* W$ m7 U2 \7 d% B7 I7 k. d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 W7 z+ W8 R ^$ a" J4 x1 Aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
T) b) ?* Y# z) t ]1 ~! S(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 E5 X2 O' G$ }. Q ^* \& P(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, o- L/ z* n. S4 Q' u$ B, vrespect of which the claim is made or otherwise verify the reason for the claim; and
% V6 N* c' g% H0 _1 F' n(b) an application for the refund, including such evidence in support of the application as may be
4 R" O' Y2 A! X' | ~1 Aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 }6 l( I7 W* y7 z( Y
prescribed information within
2 m# \( @+ M) q" D! x( G6 T(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); x" K) b: b+ x3 s8 {
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- d$ p: ~; `9 B
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) a. B" e ]. @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ v$ N( f" k A" h, [) {
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of2 P. T/ K @7 s C0 ^1 \
this Act as if it were a re-determination under paragraph 59(1)(a) if
J1 O! E. q: A# l& H(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ ?' {) W! p! ^
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" z, Y" d* F D9 E
eligible for preferential tariff treatment under a free trade agreement; or! {3 k$ L& g( o& ]
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 o2 q- p, C5 \! h( h
because the origin, tariff classification or value for duty of the goods as claimed in the application is
5 e6 k* O" R8 M8 Qincorrect.4 @9 d, w; X2 o# p( j% R6 G
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
5 j* t. X" ] r/ p- F(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 m ^* P! \$ }1 f3 T7 N( X$ ?, ?
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
F# ~, u; t* Swere a re-determination under this Act of origin, tariff classification or value for duty.# _ {" q6 X$ [/ |4 ~
' r2 u+ f. r$ \这到底是说可以还是不可以啊? |
|