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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations$ `6 L4 S: ]* B6 ~$ O- ^
上面说 非商业 进口 可以免关税?, G* x( ?) T! s
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 y k3 e& t( ]7 \& f
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$ H* M6 Q: ]8 R1 R# I6 g0 H9 oRefund Requests$ o* K( V6 K' s5 c) ~) G
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. q. B; _# ?1 V: ^paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 O5 o! q% ^* I4 uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
Y: R1 ?* n$ W# e(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ w8 O) G5 W0 y( P! @+ V% f
Canada to the time of release;
+ m) r8 D* \7 {# _* p/ G4 H(b) the quantity released is less than the quantity in respect of which duties were paid;) f2 Q. ^2 a/ j6 u: `/ `, c
(c) they are of a quality inferior to that in respect of which duties were paid;
" n9 y4 \; y% D8 q) L- p% w(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: G3 k8 v/ l' q3 z% U7 @/ R4 H& ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* n1 e$ |( m5 }8 ^5 m3 e
case may be, was made in respect of those goods at the time they were accounted for under
0 ~' m1 |" A! C, asubsection 32(1), (3) or (5);0 l* [8 @* t) L* S, f! t
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0 m3 ^8 C: N' z. Y7 ^4 s. r(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 T' e. p* i- }; ?0 m# u# ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# g4 l. [$ v- t: ~% }& Haccounted for under subsection 32(1), (3) or (5);# J7 E/ T5 x( S
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! w7 h1 p& [* x$ y8 N; C$ ]9 p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)# Y6 P9 E, X. l: e, `( ?0 x0 X
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or- t- b% x9 ?. ? j, t
value for duty in respect of the goods and the determination has not been the subject of a decision* k' b ~) l. O$ m, E
under any of sections 59 to 61;6 c+ |1 q3 L3 _; G8 S4 @
(f) [not applicable to non-commercial goods];
4 s9 j% x: C" Z4 {# Y8 R5 G. E* W(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% [, F( }. d9 K8 | [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 i& o+ d- C/ K3 A- P ?3 ^on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of* U2 N" m2 i& ~# F. q0 t
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 q% o1 O7 n+ A- T8 ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 R o6 {$ z9 runless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: y' Z. r% f; I; T(3) No refund shall be granted under subsection (1) in respect of a claim unless
; L I( t1 @- k/ d2 z1 \8 \0 A1 ?' b5 n& u(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* K8 o% q! N' k: g: ?0 r# G
respect of which the claim is made or otherwise verify the reason for the claim; and, ]' P6 a! @7 ]' M
(b) an application for the refund, including such evidence in support of the application as may be' c$ H8 J8 v; y( |8 T; s
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( x* W8 V' Z) P" Aprescribed information within/ r! r4 [9 ^- A/ c# `0 ?' Z
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 h/ Z8 E4 N9 t1 Q9 `( v7 B1 [or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 V7 X7 w: k, p8 `+ K; ^2 r
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% N2 N! M" i1 gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 M. n& f) c/ v k4 l% F$ ^, H; M
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% f) }8 V# }3 G# s( R, E! o5 C
this Act as if it were a re-determination under paragraph 59(1)(a) if1 @5 E4 c7 T# `9 u- n7 }
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# f2 [" i' f9 P
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 I7 ^9 P: o. k F8 V2 X9 ]
eligible for preferential tariff treatment under a free trade agreement; or+ A1 m# ~( j3 J: _
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 u" Q% d/ E6 _1 t) _% u! A
because the origin, tariff classification or value for duty of the goods as claimed in the application is
0 ?7 H: {! \2 O1 U. i; ?9 L" Hincorrect.
0 e# I0 W0 k) a2 a1 S(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 _! u8 _+ E: Q7 e. d(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* `% _- b: N+ d# v9 U1 n0 [
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( i$ d2 n1 w! zwere a re-determination under this Act of origin, tariff classification or value for duty." O; P- ~9 R. e0 I* M( X; I5 X4 e
' @# g/ r7 u5 n5 v5 G9 K这到底是说可以还是不可以啊? |
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