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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% x; p' x; K8 K" ~% E, q; Z
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' P9 Z J. G+ T" C; Q1 V
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Refund Requests
" _6 A" H1 j+ K; s74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 n* |6 m1 s R) J5 `9 epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( X% S& T3 p5 `% `3 b& {
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ ~0 `% T0 _/ e2 L
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, }2 N! N, ~2 I l6 I
Canada to the time of release;* u. F7 g& R/ Y6 S+ `2 s
(b) the quantity released is less than the quantity in respect of which duties were paid;
2 i9 }( c7 v/ K; U(c) they are of a quality inferior to that in respect of which duties were paid;
+ Z3 ?" ~; R: T0 f(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* S T' c: f- a& Vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 D4 E% K! t3 ^0 {! s) q1 xcase may be, was made in respect of those goods at the time they were accounted for under- z+ G2 M- }. Z1 I% B. Q+ n
subsection 32(1), (3) or (5);2 b0 ^3 g o" x* m6 ~% `3 |
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, d% _" h! ]* n, \
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 P- d3 G, r) z. F
accounted for under subsection 32(1), (3) or (5);2 ?$ U/ V- \! T! ]! h
(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 U4 D( q7 p/ N1 |
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 m( f: L6 q, }0 c' ?- Dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ v6 n+ p6 s: ]$ C2 v v7 y# B
value for duty in respect of the goods and the determination has not been the subject of a decision
1 \5 W! W/ L8 D' m* t, Kunder any of sections 59 to 61;
z6 S/ ^, l6 I4 \: Q6 l0 v. n, ^# E(f) [not applicable to non-commercial goods];, _3 `$ |* f9 R6 d9 R# [# m1 X
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, }& _6 U/ `& J( i6 ^(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: ?* K) F, }/ q# `on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 }- G3 u8 W1 U* ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ D: D& `# u8 Z, H0 {4 m, O: ?0 p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
# x5 N1 n; ?5 z. b* v+ vunless written notice of the claim and the reason for it is given to an officer within the prescribed time. b. \3 T$ \6 {1 [/ {) Q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
5 a8 I/ T( P9 W0 h, {# p(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! r7 g, e+ C3 D! U; ~/ X' ?respect of which the claim is made or otherwise verify the reason for the claim; and/ w. d/ D/ H* C) h- _
(b) an application for the refund, including such evidence in support of the application as may be/ b+ C& E- f! F+ W* o% _# Y* X
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* T# s) _& Y) P' s; k* @
prescribed information within
2 X* q( y" r- i/ v2 L(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 z/ B t% N; x* r5 E( o
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 D0 |2 R" X+ e; c* [, p(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* f# v ^, t1 _$ W. W
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: A+ Y: A/ O: j# c
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 q1 T% }2 P2 x* y: b
this Act as if it were a re-determination under paragraph 59(1)(a) if
) A, G& g6 c3 m(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! {$ ^ A+ U3 p9 z7 D' Qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) n" v' y m; t
eligible for preferential tariff treatment under a free trade agreement; or5 z4 Q+ _4 K3 U% E) c) [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' T0 s/ L) E2 r0 W+ }because the origin, tariff classification or value for duty of the goods as claimed in the application is
. O, n8 F9 Y. w6 n& Oincorrect.
$ N1 f8 y2 R+ g+ U1 E, B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," u2 ~! e% {+ E1 S% J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 N6 J, H: Z0 W( Lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. F8 T5 O3 A2 s( s6 x
were a re-determination under this Act of origin, tariff classification or value for duty.* Q6 M! {8 |. _2 G- b, J( \9 s
1 T/ i% g7 V% X1 B这到底是说可以还是不可以啊? |
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