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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 Z! v w+ H0 y0 B$ Z, v
上面说 非商业 进口 可以免关税?
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1 M* W$ h7 i1 y# G5 p0 @http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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$ K9 O2 S: @6 J m( aRefund Requests# e$ T: Q% f# u; T
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 e7 v; K i6 u. W% H4 h( T- hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 Y. c$ ^3 D% F& e5 N, E* kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% a3 x8 C0 U; ?(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& R9 Z) `0 T i: [
Canada to the time of release;
4 r @3 z* T2 Y7 r% h& K(b) the quantity released is less than the quantity in respect of which duties were paid;
6 Q4 J" @1 }. ?6 t2 }% ~# I(c) they are of a quality inferior to that in respect of which duties were paid;9 M8 e9 s# f0 z' [3 E
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 G$ E, C0 Y7 rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 Q" w1 b8 f, K! j3 F8 U h
case may be, was made in respect of those goods at the time they were accounted for under& C: I& o3 x, I" e( f* r
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
6 r- h* y6 A5 z' [% g! G2 spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are# x0 t' O$ F7 w/ i! `* K4 |% r
accounted for under subsection 32(1), (3) or (5);
6 a N: o! \& {5 r& S(d) the calculation of duties owing was based on a clerical, typographical or similar error;( e/ W1 \- T( _& w* H( E
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 r. V0 p {) m6 B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ D8 J8 [+ S8 ~& y% T; ^$ a/ n6 ^
value for duty in respect of the goods and the determination has not been the subject of a decision' j! i2 o$ N7 t E9 m. y
under any of sections 59 to 61;
% |1 D3 ?4 h% a$ y* [" o(f) [not applicable to non-commercial goods];
0 I/ F3 S1 { d1 K' F(g) the duties were overpaid or paid in error for any reason that may be prescribed." F3 [1 `) Y# w% C
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# I% W: {; z1 C, E( f/ lon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
8 e, l7 i5 b" jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ l! M9 O2 }! \) V. d9 ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim E: Z, ? c5 `# A4 o$ S
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 I& o8 U) c* h5 a2 |# C9 N
(3) No refund shall be granted under subsection (1) in respect of a claim unless" V+ b7 E) i+ u. r6 b0 ]
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ t2 Y/ D- r* Y9 j7 \- {( Lrespect of which the claim is made or otherwise verify the reason for the claim; and7 k% v6 Y" o3 w b$ d8 m* Y
(b) an application for the refund, including such evidence in support of the application as may be
" W6 r' ~" Y6 T2 z2 I2 V/ Aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' n+ c5 T7 ~6 J% o( z
prescribed information within% R. w" d) a$ G4 T! m" q
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 s5 u7 c9 U/ v0 M( C# Wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 V+ M9 N9 I. l; B9 C; K
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
d! R0 @* `2 Q$ o2 Mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 Z' z5 w, C( b' W(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- m0 }1 B# y8 g( z" g
this Act as if it were a re-determination under paragraph 59(1)(a) if& a R" f0 \5 p* d) y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ A% ^: X7 V' Z& `- D6 a7 I
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ x7 N. S5 P; Q/ m' Deligible for preferential tariff treatment under a free trade agreement; or6 d0 i# c$ Z$ D0 M+ x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied |" {5 r3 Q7 }' ]
because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 b# e6 _& b7 {/ u0 X3 k4 Z! ]9 o& P' Qincorrect.
4 A r: C: |! Z% U% H: L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ h/ n+ j" x/ `* L(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
( l C p4 @, Q+ r# {. g' j+ Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 w% b6 @% D1 d% t2 ?) g
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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