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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 i+ u# b5 f3 m& I9 U4 ~3 C9 N- C
上面说 非商业 进口 可以免关税?" g; a6 e+ C w! T6 o
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7 S6 X! {6 H1 }. @: {" i! O; D1 zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 t1 w9 m8 b: n. x
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) ]3 U k( @& k* E6 T+ QRefund Requests
; \3 H8 }, s* x% q; C74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& z! h3 Y4 v- X
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& ]4 l; X N# d: vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 } X+ U5 R- G+ b' l
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
g6 y' b8 h% M7 ^: nCanada to the time of release;
% l% Q6 N; o6 j9 m(b) the quantity released is less than the quantity in respect of which duties were paid;& e* z( j. ~! X! T8 w0 W
(c) they are of a quality inferior to that in respect of which duties were paid;
( C* u3 |/ O" J2 b5 M+ X7 b H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 E8 {6 c% C2 l* M' M1 jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* v9 h) _9 ?, C: f4 f/ mcase may be, was made in respect of those goods at the time they were accounted for under9 E/ L& m% f5 J! g. I6 g/ f
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! ~( E1 a3 C# f
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% y! x, A; Z0 H4 v: m7 O9 Gaccounted for under subsection 32(1), (3) or (5);
6 @# ?( P) F& T1 t) Y: y3 o, x- p" I(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- p" @' r4 z( u) j4 ?1 Y. n8 f6 _(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 R9 S& ^. X1 ?6 }* pof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 R; D8 b3 ^1 T* t% v3 Evalue for duty in respect of the goods and the determination has not been the subject of a decision
. p; @% L6 }2 E. ^: o' S8 Aunder any of sections 59 to 61;) x2 [+ q# s6 X5 R# }+ ~5 C
(f) [not applicable to non-commercial goods];. ]+ P+ _; X, Y1 ?1 |
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ \, ~+ c8 l6 j(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, G( ?% B. w$ _* V* }' p
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! c5 b) |9 L& ~( q& d# z7 U+ @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).: ^0 X. V0 ?; T; v7 o8 A L+ T, U
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ X3 l5 ?! t2 V6 Y& r/ D2 K
unless written notice of the claim and the reason for it is given to an officer within the prescribed time. k0 F, g! [9 b5 Y
(3) No refund shall be granted under subsection (1) in respect of a claim unless
2 G: y6 ^' m9 s. j3 J( Y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) ^0 C3 d) m! p a* O' Y6 m( U) L- `respect of which the claim is made or otherwise verify the reason for the claim; and5 k( I$ a1 f3 j! M* f- m
(b) an application for the refund, including such evidence in support of the application as may be9 |, Q$ ]5 X+ ` v! c
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the- l$ |1 O4 y7 t3 w* f4 A
prescribed information within3 l$ b) S" E2 L
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); E3 ^! g. \! D2 P9 ] ]2 o- @+ C
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 J7 L2 \, |# f" W0 e y( @
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, O1 f; g4 C& K" r I$ [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 O4 t/ u$ H' Q/ q; `& `6 [
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" C! V- f' Y7 G
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ c; s5 }% y |4 N(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ j$ T1 x& L# J6 i* Sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: ]+ Y* n. F! [eligible for preferential tariff treatment under a free trade agreement; or0 n( k9 o7 O$ T- I6 f
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
8 {4 R u4 y- Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is5 g. x$ ~/ ]5 f7 S! b
incorrect.) H! U: n; e; C
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 [3 h0 g' C4 H" i& M5 R U
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
4 {. e. T9 r+ J7 i2 pother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# q$ {5 y5 F5 g1 vwere a re-determination under this Act of origin, tariff classification or value for duty.6 g* N! M: `# t2 d
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这到底是说可以还是不可以啊? |
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