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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ l% {' l" ]4 [# o3 e上面说 非商业 进口 可以免关税?) \; y: S Y* _5 \
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
+ D7 j, ]5 M( R) f& @: L) ~74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% A4 s7 R# o. J4 E9 fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 F* y3 F4 X+ ~( S5 u0 ?
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ E( n& U( d# y9 i(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 a7 [, B5 y! D0 s- BCanada to the time of release;
* N3 {" M* y( S0 F4 c7 ]* D$ i+ U(b) the quantity released is less than the quantity in respect of which duties were paid;
1 x4 T3 m9 |5 y(c) they are of a quality inferior to that in respect of which duties were paid;
1 {+ v1 o" n/ c- @# U6 _- ^9 V(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* x0 N9 S& u2 X6 b }
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( |+ x$ T8 j& a1 z0 |1 r+ ?case may be, was made in respect of those goods at the time they were accounted for under0 L- d2 P5 ]! l
subsection 32(1), (3) or (5);
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( G# n8 `' j) Q U$ `(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' s3 A* w" W! _ w
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 \$ A% {6 X' s) T9 J* y8 ~
accounted for under subsection 32(1), (3) or (5);5 e. X% Y( |5 n5 {6 x- R- z; p
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% k& T, W4 z, H7 s2 B) ^7 `6 x& N(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! f6 T6 n. E( S! Q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% f5 v% r2 y' ^; }value for duty in respect of the goods and the determination has not been the subject of a decision1 N" g" C# ~. N, T9 j, _# a
under any of sections 59 to 61;
+ \ T! g: e. q& P8 Q(f) [not applicable to non-commercial goods];* m1 T8 \/ X9 U; x$ ^5 r. I' e+ v
(g) the duties were overpaid or paid in error for any reason that may be prescribed.: w; ^8 c4 B- \# W2 V# ], ~ b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 n% B2 J( D" R, Z6 l
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 q' g( c9 ]5 [6 W. u* [: f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. y8 l# h+ a8 E4 }' f5 A
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim/ y0 a+ ] M: `
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! I" h" }+ e7 g3 y(3) No refund shall be granted under subsection (1) in respect of a claim unless9 f; s% ~6 a: Z+ q; V7 y: y% t
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( O+ {0 a; S) r ]8 W: hrespect of which the claim is made or otherwise verify the reason for the claim; and8 H. t5 ^7 v. `4 H% ]& T
(b) an application for the refund, including such evidence in support of the application as may be, f- a1 C# L% x4 V
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& q0 n% m+ P& ]6 J
prescribed information within0 u# z0 j$ W- d4 U2 ]+ c
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% {0 N, V9 p/ i& s; X" z* Por (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) Z" S2 }% R& B- w5 q4 @; S7 c7 e( L(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 }0 w$ {* O$ H1 K* u& }% G
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 k# `1 A: g) [ H+ b: h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" Z: q8 ^4 K8 U/ e" }
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 `, t; j. f, n: y0 H' Q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ n3 W7 [& |' ?
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 Q# D" p9 A( f7 u4 A f* J+ zeligible for preferential tariff treatment under a free trade agreement; or
- n' M8 m2 s4 L# u(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% H$ a8 Z9 g) t& k& w w4 @because the origin, tariff classification or value for duty of the goods as claimed in the application is+ Q! D# O7 R/ I
incorrect.
" g0 S( v4 r. q0 d: R- l5 t9 Q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- {: h' i( c3 e Z0 p(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- H* O0 u1 b1 P6 x5 T* h, N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ g. _5 T+ y- C- E* \# }2 r6 vwere a re-determination under this Act of origin, tariff classification or value for duty.( i; @! @$ D$ J
, j, U3 o' I# o! M1 g+ L& p. [这到底是说可以还是不可以啊? |
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