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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' U' q+ ^* Y5 @1 ?4 ]3 N, p1 P
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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! U9 K7 Q3 l m' BRefund Requests" j6 V( H$ F& U& U) m
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 T4 I$ Z) G3 `* T8 F( Ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# D% H1 y6 G+ u' V g7 P
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' F6 h R$ p9 J b% y! h(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to* m/ Z ^' c6 \/ \, i
Canada to the time of release;' t x9 I5 K: |5 k
(b) the quantity released is less than the quantity in respect of which duties were paid;
& c5 ?: q- c) b5 q! Q6 N(c) they are of a quality inferior to that in respect of which duties were paid;
+ Y; u5 Z/ b4 z7 A9 ~3 J0 d(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ [" n7 f8 A, ]4 W# h6 ~0 M3 ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the1 x$ f/ o8 Q- J9 P/ j8 J# H
case may be, was made in respect of those goods at the time they were accounted for under7 [9 A e2 p& Q' u
subsection 32(1), (3) or (5);. d! q+ x* [ p! | B; Q4 `
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# @0 f$ _% \5 [+ t+ F
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! H( S& ^3 l7 J; h4 c4 daccounted for under subsection 32(1), (3) or (5);/ E9 k3 J- @/ X
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 p! i/ H$ ]; ~9 Y8 ~% Y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 O/ Q0 V; h- |. J# v4 o% Q1 Lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 w7 e/ N5 M6 h/ Q
value for duty in respect of the goods and the determination has not been the subject of a decision. f7 e$ N) _( [* O
under any of sections 59 to 61;
% C, F$ y( i( e, \+ c(f) [not applicable to non-commercial goods];
5 H+ t2 }9 I, ?7 @4 U0 P(g) the duties were overpaid or paid in error for any reason that may be prescribed.
S a7 e6 |, d: R' q1 h2 Y7 c(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 N: w& a* }" k7 e" @. R$ q
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 W0 Z. H- x- D$ T, F9 U6 S6 }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 J/ E' @. J6 l' t6 y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 m( N: x. R& w# |/ q: y7 q$ P! Nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.; }6 g Z3 j7 e
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) F- [6 T5 r, W9 j& o- }(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. R( r" {, R" `5 }respect of which the claim is made or otherwise verify the reason for the claim; and# n |& }8 y) ]- Z4 f6 o( s
(b) an application for the refund, including such evidence in support of the application as may be+ N1 A. f; Y0 Z
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ {8 s* A- E+ \& a, x/ Hprescribed information within
0 U) u% N' |# M4 y(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 ~' u) V5 q6 M( Ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& R/ t- y0 n+ S* ~/ I(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
4 B y, i& t8 S- r& P u6 I4 @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% w" ^7 V2 G! y3 y& h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* F$ s1 c) R% V" u* a M4 Q" M
this Act as if it were a re-determination under paragraph 59(1)(a) if' `7 g. W' {. C
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& i: C, ~& l' \( z( L- P4 ?because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 i7 @3 i4 {8 c/ ~0 b' v0 g# q2 Y9 `6 \eligible for preferential tariff treatment under a free trade agreement; or
; G# b% L1 y( j" a4 [; q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 d6 m. |3 V& J6 ]2 d! Z
because the origin, tariff classification or value for duty of the goods as claimed in the application is% T8 s9 T: x/ ]) B! U( l
incorrect.
8 ]' M7 o1 |9 B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* t" d# G3 R( ^3 r8 I
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* ?5 N4 U D( _ V1 i8 i8 Y, Nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 o- t2 x( d0 W$ `were a re-determination under this Act of origin, tariff classification or value for duty.
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" n! I+ h- `: d% m O! W4 ]这到底是说可以还是不可以啊? |
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