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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 g) { `% g( i/ c5 u
上面说 非商业 进口 可以免关税?/ w7 G& b9 J0 z9 c
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests( A) w6 W" e9 Y2 ^& H
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 b( m$ i9 m5 |; z! P1 j; X. P* m
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 C, U3 B# Y8 n: V5 y% r* Qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
5 D8 G8 T2 X, K) G* D) l! e. @' p(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; ]; ^% z2 t6 v
Canada to the time of release;4 ^) T4 q: Q) n- f. _8 L
(b) the quantity released is less than the quantity in respect of which duties were paid;; y; [# q( E }
(c) they are of a quality inferior to that in respect of which duties were paid;( K8 M& y) r q4 U' {
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 z _% D- q1 h1 U" q F, ]tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; S5 w( n4 a) K. g* ^
case may be, was made in respect of those goods at the time they were accounted for under8 F- g! s9 B! ~+ ^4 b! `* O
subsection 32(1), (3) or (5);2 p" e8 H7 Z+ l' [
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& |7 i* ?" r& i9 @4 F6 ~
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" S# z d; {0 @1 K7 ~" Maccounted for under subsection 32(1), (3) or (5);
$ u4 W1 o2 A: w/ D7 O. m$ `. a; }(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 { H1 k1 [+ w/ g
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ D2 y7 p& m" [% Iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or) ?9 t. m1 h, W( ^! N! y. L
value for duty in respect of the goods and the determination has not been the subject of a decision! R! i* X4 ]0 G3 h
under any of sections 59 to 61;
* O. s0 K# a8 N0 }. K(f) [not applicable to non-commercial goods];
$ v1 {; \8 M! |% S" i8 R5 o(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 o F, T0 C% S9 ~- o2 |(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 m4 I$ d8 k7 b7 ~
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( D/ z( \" A8 |) s( [/ j8 i/ G( ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; |. g" i, R. p! Z5 m0 A* |(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 e9 s# t+ s1 s: c8 L% c; M& H. D% L
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) V w4 D5 }' V, p4 Q(3) No refund shall be granted under subsection (1) in respect of a claim unless: W& X) V r& c/ v. O
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 G5 C9 @" ]9 d- C' h9 s7 J, z8 V& Nrespect of which the claim is made or otherwise verify the reason for the claim; and7 r- Q1 I. T# Z/ v1 ?" G
(b) an application for the refund, including such evidence in support of the application as may be1 k8 W, N0 j; M: w1 D2 m6 L" N# Z
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
9 V1 T3 Q a$ \3 ^5 Fprescribed information within
( X7 R3 Z8 R/ i4 G2 e) @(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) `8 k6 E5 {& W9 s6 u/ G, A, M
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) ^5 ^2 r7 s7 Q* U7 z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) {# T0 p' q8 |8 V; A: H7 q' s- _- ywere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 p8 l. ?! I( z1 T, m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' Q/ b) w0 E7 k4 ^this Act as if it were a re-determination under paragraph 59(1)(a) if: A+ B# Q/ G1 Y: F( }" | m: G
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ Q( E- b+ w f2 a( N
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 S! } t# E2 neligible for preferential tariff treatment under a free trade agreement; or
8 e8 c2 o9 s( b1 k$ K(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# R" o# \# W8 U& [; j# u5 R3 g
because the origin, tariff classification or value for duty of the goods as claimed in the application is H/ x& m& t" _) w
incorrect.
5 ?% U: H* C+ X: i& \(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ j! S0 o6 q/ {7 x
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 r) Z. X6 } n1 I6 g1 O Eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 C) F9 `$ f. m; w* \
were a re-determination under this Act of origin, tariff classification or value for duty.
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1 x0 G+ O# Q+ [- B X8 ]这到底是说可以还是不可以啊? |
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