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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( k$ [" X7 O4 g3 N7 T* z- w6 ]. @
上面说 非商业 进口 可以免关税?9 A4 S( u& i- Y3 x8 ~, j& [/ k
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1 f7 K4 ^7 P- r: E P6 ^9 N# nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; n w# _1 z W1 Z- A6 c
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Refund Requests* f' `3 ^9 Y! C) v
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ x3 J- _$ }0 X o( gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" ?) Z& T. W! y
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 T+ s) H( N4 R, ?* U
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 L. L. `) F; W. x u. |( NCanada to the time of release;
% y/ ? a1 @, w6 J/ g9 t(b) the quantity released is less than the quantity in respect of which duties were paid;+ D# V0 N# f/ f$ B2 d
(c) they are of a quality inferior to that in respect of which duties were paid;! v5 t% s7 R5 u! d. u
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% J' a6 Z4 X4 w. J) \' Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 U: s& D4 Q; u7 N- Y o6 F& icase may be, was made in respect of those goods at the time they were accounted for under7 P0 K; N2 v- f3 l) n/ P
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 for6 o/ @+ ?- V1 x5 X/ L
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 x! m) l: s& a2 W! ?+ O
accounted for under subsection 32(1), (3) or (5);
9 R: S% R! O7 f7 C(d) the calculation of duties owing was based on a clerical, typographical or similar error;! o, O I+ z" I5 ]# N8 v
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 U; ]+ \, K* X! _5 s3 I: X8 ]+ hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 k; W- j9 G+ o: Z3 r# l( H6 M: Y, ^value for duty in respect of the goods and the determination has not been the subject of a decision
1 x4 Y {' u* ounder any of sections 59 to 61;
" ]+ h' a' i$ T" c9 s(f) [not applicable to non-commercial goods];' B7 K& x5 p, W- N5 p" P3 ^7 U
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# q7 P0 b" D, I4 R4 k+ ^; y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 G2 o% u G, L% H* ~, M
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ }4 E5 J, ~( R; I
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, V1 u! A+ ^; o S8 h" _(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" ?# i0 W: g2 H, O8 G0 ^
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' z- O y/ _( j2 B4 P. ?) F(3) No refund shall be granted under subsection (1) in respect of a claim unless
: Z+ I; h4 H( D% i3 G2 y0 x(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
5 v+ E5 B9 A! Q; P% ?respect of which the claim is made or otherwise verify the reason for the claim; and
6 Y7 q3 J- n6 [/ Y0 V0 p2 t7 {4 }9 A(b) an application for the refund, including such evidence in support of the application as may be
2 `% n- i$ }' S+ A2 qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
" V' _5 }% s3 @: G/ @prescribed information within
) T1 H& k& ~( G' d9 b C(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 q/ F4 M& E% }" |8 }6 Q1 D0 Y' c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 \; }5 L5 w7 {3 P5 H& q" m2 a. W! i
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! `6 Y$ y* D4 d! f0 l! M3 nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) J' E; M4 G; y. A" {3 f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" N% c* \) U/ U+ c: J3 b' y" Z$ h7 pthis Act as if it were a re-determination under paragraph 59(1)(a) if
- y* S$ @7 i3 V6 y: b H6 H(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- c2 H% N [: `% ` J; n" Bbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
+ e4 m* |2 F: Z, M$ Neligible for preferential tariff treatment under a free trade agreement; or5 ?9 A$ I8 q1 f0 O
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ E* a ~( Y% ~0 [
because the origin, tariff classification or value for duty of the goods as claimed in the application is( d! S0 ^: f$ x4 J. f; W4 [
incorrect.( j$ a4 r4 Y6 ] @' m# x u5 ^
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 o' e2 [) h* }. {" E(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) \5 ^. K2 h, A* T! T1 Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it- A+ I. W- j. R: j
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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