 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations+ }- _% p _2 N( O
上面说 非商业 进口 可以免关税?
; L; h; D( g" v- Z/ {8 U. a# A: T
8 e2 ~7 m5 b" d2 l' g- _+ R( h' [$ O
3 b: D5 f4 F; z" J- Lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 r( ?+ r5 |8 }
. x# N* I1 Z& Q' _: r7 u5 S& N
6 L2 ~- \9 Y* j: S3 M0 k I
Refund Requests, v. d. Y! e8 ?0 q3 m; `* W1 s
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* l. n, X$ ~& d* l; @6 Y0 N8 j
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ m: a) `) _1 x5 r+ e1 d$ eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ |; I+ b& ]+ J4 [3 \: M+ W+ o; J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# p8 l: N0 E8 R* s. R/ eCanada to the time of release;, _6 l. S& } w+ ^
(b) the quantity released is less than the quantity in respect of which duties were paid;
4 V1 }+ {* l* d0 I(c) they are of a quality inferior to that in respect of which duties were paid;
* \* M3 Y& t* j2 Q# v: u(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 o8 P* h4 H4 Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- p! Z7 E1 r4 l8 x. L) d/ Q
case may be, was made in respect of those goods at the time they were accounted for under
+ @2 O- F; S5 ?4 _" h; Gsubsection 32(1), (3) or (5);
8 `6 |8 b3 `8 g) u1 ]- s3
q6 U* y- e* i/ u(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 K2 w& V# p% K
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) }+ c$ \+ c" e3 A" _) ^; g8 \accounted for under subsection 32(1), (3) or (5);
; h/ P; J0 \7 L D(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 e. s3 a& k3 x8 ^0 T: t/ n(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 L E3 v0 {2 [. B- r0 V4 [
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ N: e+ M3 F; zvalue for duty in respect of the goods and the determination has not been the subject of a decision# B6 t9 S5 n' L0 O* S
under any of sections 59 to 61;: W n7 n5 i N* I1 ^: W. i
(f) [not applicable to non-commercial goods];! Y2 H# l% \/ F2 `
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. I& U7 x0 Q3 V. k! ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" U6 k& S ]4 a; b- H
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 S. S0 C- c. ]( f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). g5 O/ Z" m, |
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 e4 x& n) `: f& ~/ b) b7 ?
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 m& l/ z' C: V' {
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) A# s9 }6 ~3 |0 h+ F2 M(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' N, u) g+ D1 [& r* K, W
respect of which the claim is made or otherwise verify the reason for the claim; and% o T! L- S2 [
(b) an application for the refund, including such evidence in support of the application as may be
% _ [" o9 k& U! i* G% z" Wprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 F. Y0 G% c. ?prescribed information within2 Q" Y# J' h/ P! R9 C$ I$ K S
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 j8 ^1 \4 L! p& g7 i9 Y0 Ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 O' A" e8 L! R' \' q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods1 v+ Q5 z; c: t' x$ y+ n0 A6 Q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 [' a# i( H$ f1 A/ l8 {1 L4 h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! X& u L* A+ z! g0 ]1 S
this Act as if it were a re-determination under paragraph 59(1)(a) if" K" c; q$ ]! U# d6 v K0 l8 T
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 \8 E9 A. k% i5 G& v U5 N ^
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: o# O% {7 O4 C* |8 weligible for preferential tariff treatment under a free trade agreement; or" g+ d" c2 w% T) a1 m/ Y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' ~1 t. U# [2 B" f/ U
because the origin, tariff classification or value for duty of the goods as claimed in the application is
# r {2 m( V" i! `: i. s7 d5 Iincorrect.! h1 Y2 |) q5 l* Z4 w, b
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 I" i' M. N( x( m- n/ u; x0 ^
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 v9 y9 i3 b' N& @7 {
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 R8 y: j$ I, w9 d, g
were a re-determination under this Act of origin, tariff classification or value for duty.% E1 S7 F& m7 t- J, Y
4 j+ u' G1 Q7 A' p; T/ c$ O
这到底是说可以还是不可以啊? |
|