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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! X% `1 S8 H# f# g; L9 w+ b% v上面说 非商业 进口 可以免关税?3 T" z m; l$ H R; q
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# W6 D, P( z4 G$ v% E! A8 S! x) z7 Lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, E S& P& f: i. R5 z
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+ }% y' f- r( I, nRefund Requests5 s/ r& ~) ^# j
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 [, C z, w2 _( Q, q# Fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) O; V* x$ J; Q# G
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if' b! w4 Z+ R% G7 n8 u; Y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: Q2 c5 T% j5 D9 BCanada to the time of release;
2 T& R2 g6 A. z4 ~; l6 w(b) the quantity released is less than the quantity in respect of which duties were paid; j8 I" N; X; n) s( l$ ?# ]3 ~
(c) they are of a quality inferior to that in respect of which duties were paid;2 K n0 Z6 S- ?, x
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 N$ G* z3 `6 y, ^ y k
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' X) ]) }/ x3 x6 ccase may be, was made in respect of those goods at the time they were accounted for under5 u( x, ?' _; Q
subsection 32(1), (3) or (5);
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j" d- g( N$ p3 H6 n(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 |& r2 \% X- W' Y, [
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. {* i: j7 R! F; e1 k0 _accounted for under subsection 32(1), (3) or (5);
) K3 K" y: f: y5 p3 h v0 Q6 a n(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 S* U% a% I: G$ u
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ C3 X; U/ g& T8 q1 m* Q4 v& p
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 l. M% e3 m! W9 Lvalue for duty in respect of the goods and the determination has not been the subject of a decision$ {& x7 q0 W3 q. _ Q
under any of sections 59 to 61;% n! ~6 s1 V+ S& f( ~$ O# O
(f) [not applicable to non-commercial goods];
4 l! V) _8 f; J, A3 S: u9 i(g) the duties were overpaid or paid in error for any reason that may be prescribed.& O! K4 @9 @3 B! L2 w
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ K0 I; e" X! w0 Son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 F$ c* u& U4 Y6 P: }1 F
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, A( M8 t1 F, g4 G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 q Y! d4 P! Runless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' O9 H9 Q/ R. C; m8 n1 `(3) No refund shall be granted under subsection (1) in respect of a claim unless6 d" R& X b7 ?6 s- A( h
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 G/ R0 I2 S6 \% r! [- _0 c% ]) irespect of which the claim is made or otherwise verify the reason for the claim; and
) Z1 i9 m" P X* w0 y(b) an application for the refund, including such evidence in support of the application as may be, C; v* w" B L# h, a9 F) x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 V$ h- G J! i" D& d1 D6 gprescribed information within4 b2 ~/ W# J) }" X5 b' a' z" R
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( }' L; K% ^! ]/ y$ }" ?or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, j- E2 u, D. n5 c0 S(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 X. Q5 j; w9 o1 Q& N4 x# O! S
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 J6 f/ v* {5 }* Q0 e
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 X" Q- ]) F' g3 m- L" R( o8 Q
this Act as if it were a re-determination under paragraph 59(1)(a) if4 M9 u: x7 c- v9 ]7 Z7 j1 a. l
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ X4 ~$ [ n. w; H2 h. M; Q4 Zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not- r4 W6 \' g" D( W
eligible for preferential tariff treatment under a free trade agreement; or% ]2 n) s) M& e) _
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 b' M9 d2 u. }' g1 A l
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ s) U1 n& Z: i: r1 s
incorrect.
, Y$ g9 ?9 h6 Y8 f: a' o& b/ F! w" `(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: d2 Q2 Y) C/ k(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground( B' E. a5 Z+ @! K
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 M- S( X3 N4 L6 K. ~
were a re-determination under this Act of origin, tariff classification or value for duty.
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* F7 y# d# g5 p d a3 P# P- t- c这到底是说可以还是不可以啊? |
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