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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& y6 ~1 ~, N. v f$ G; I4 n上面说 非商业 进口 可以免关税?( S) q0 y8 `# |! f' A( O$ I
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
4 K6 Z9 R9 p9 `# }74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" m |! n! u5 Xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 ?+ _4 ~& r: l! Pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 ^0 ~% {6 ?. q) V- B# s1 }& t
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( {7 A9 [9 g2 UCanada to the time of release;
( | c$ @- z. _0 u(b) the quantity released is less than the quantity in respect of which duties were paid;6 D7 L+ H2 u2 d1 i! E6 c
(c) they are of a quality inferior to that in respect of which duties were paid;. F' ?7 S5 h* S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 z' B7 V- a# V2 Z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* o% q2 A- }- \- m8 v. ecase may be, was made in respect of those goods at the time they were accounted for under. y: g, G( u5 J6 w9 @
subsection 32(1), (3) or (5);0 i8 g( K K; F& ~. Z6 g
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: e; P# N4 h3 d: O( V2 k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- S: H# b! w& c3 Q3 h$ Vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ y4 c& _8 _! |
accounted for under subsection 32(1), (3) or (5);
- H, B' d! E0 D! H9 i4 q) D" A(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! D' [ r6 r k(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ w6 _8 N) I2 `( L! j+ s
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 _" Y4 i x8 `
value for duty in respect of the goods and the determination has not been the subject of a decision! M/ e* f" C7 ?2 M% @
under any of sections 59 to 61;9 f8 U5 T& @1 o! S v
(f) [not applicable to non-commercial goods];
6 P( U% U# G9 Z* X) S(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 f* }: D# h# g7 ^! G d- {
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" g% E$ x V+ ], S. {on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 v7 |9 M8 T& u9 X" S% _this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( \7 z2 Z2 L- I+ I(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 f4 J* v( P( S9 y. U0 W: r+ lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* {% Y. N) Y' t. f(3) No refund shall be granted under subsection (1) in respect of a claim unless( b; l! I. G* S( ~1 R
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 Q0 j( ]: m) U+ [$ s s1 Orespect of which the claim is made or otherwise verify the reason for the claim; and
# D# U, T% X, G3 }: i7 b9 Z8 M4 ^(b) an application for the refund, including such evidence in support of the application as may be/ y" y1 { l( ?+ P* S
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) q8 e: Q& A6 z2 e" t( Q9 cprescribed information within. V' b. z1 \ Z9 k
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- U4 X0 C% z- j/ a5 S* ~% ~
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and0 P$ W8 x' y" K
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 Y' F% P6 w# Z) S2 nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* N; T6 I% X ~ Y$ h& q$ |
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 ~1 Z0 K- B) X6 u, K; s9 Dthis Act as if it were a re-determination under paragraph 59(1)(a) if
" a7 K+ f; H* ^% L(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( P0 S: F0 U, @* B7 Kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
- W9 ~* ~' J; |3 n2 m. n% n9 @7 }eligible for preferential tariff treatment under a free trade agreement; or \3 A4 _% X* {: K3 k, R+ \4 ~7 L
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 X1 Q, q; v6 J1 D# F) w3 O
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ ]+ z- R7 ] o& o: B( q) c
incorrect.
* F7 Q4 j0 p$ ^3 m6 P(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, ^: X; \7 e: v' Z" X! s
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 D6 m* t. u: j, O
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% A* I. U# Q% V" L/ L& I* [% B6 t `, swere a re-determination under this Act of origin, tariff classification or value for duty.) t B1 ~0 ^$ V/ D4 V2 D) Q
8 ?( o! |$ l- G8 H _这到底是说可以还是不可以啊? |
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