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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" W, Z0 \- V' I+ l
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
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: P; D: R1 s, sRefund Requests
3 V H; E! i2 w; ^& q1 C74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 N5 k ~' B7 K0 [7 z7 X
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" O9 ^$ C# s3 I/ n7 @# dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if! l% v% Z/ `* Q- n4 }8 G
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! p" n8 R2 h( Y* X7 m; g
Canada to the time of release;
1 {9 ~" I6 X+ A4 w. P: ](b) the quantity released is less than the quantity in respect of which duties were paid;
, ]7 _0 p5 ?+ G* u* g+ s8 o(c) they are of a quality inferior to that in respect of which duties were paid;
- s4 L9 @8 G3 `- Y1 Z8 \(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( |" ^* c$ u) Y( [$ k% E* Mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) b; h+ Q+ h; F5 S. I$ c
case may be, was made in respect of those goods at the time they were accounted for under/ k* o+ z) E. `2 W
subsection 32(1), (3) or (5);
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8 o% s0 C( `! U/ y. S(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* P+ Q3 C* k( r1 T7 I+ s, H$ upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are# L% X. R5 a8 ]# N7 m3 f F3 e3 }
accounted for under subsection 32(1), (3) or (5);
$ d; N' c+ {# @! Q- }(d) the calculation of duties owing was based on a clerical, typographical or similar error;
G; N8 h4 s B7 ~# Z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 d$ S1 h5 P V! ~7 E2 z, g# E0 Q! _8 d* eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! ^. Z/ P% y4 z+ R" U0 }/ s
value for duty in respect of the goods and the determination has not been the subject of a decision
6 C1 K' z( H3 U4 zunder any of sections 59 to 61;' |1 F# ?. M( ~7 y: Z# n
(f) [not applicable to non-commercial goods];
. x. ~2 x9 Z8 D( X- p6 P% Y7 P(g) the duties were overpaid or paid in error for any reason that may be prescribed.* g3 ~2 B/ _8 W- \9 a8 _
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% e6 O2 O! Y! ]; K+ ~3 C% {$ s
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 n" H0 `$ Z% U8 ]1 s2 ?6 T
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 m1 V5 g" o7 V+ M+ H3 x# U: E/ J: N8 u+ B
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 N2 w! p/ q* f r! munless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 J' H) B' v3 `1 e& R(3) No refund shall be granted under subsection (1) in respect of a claim unless; x( T p9 \7 c F
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; h: P. G( u U& u/ l2 m9 f) k1 J
respect of which the claim is made or otherwise verify the reason for the claim; and: V, T9 W) Y; q$ W
(b) an application for the refund, including such evidence in support of the application as may be7 @% h1 r% `$ @0 v- v! |
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 |/ t; |1 E5 w! i8 {$ X
prescribed information within
8 }# b) `1 h0 B(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% \& V6 f1 y0 D& {
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ s% Q* z. T" H$ h$ Q( ?$ \
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 v4 k5 M1 L3 f- p
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 D7 j& Z3 ^4 [; U: E& J7 t(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. m1 a# a& l( {8 xthis Act as if it were a re-determination under paragraph 59(1)(a) if
$ h+ c" O2 T# k# r3 E) E1 ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 C: `* I5 T& k
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' ?+ @; G5 C9 E; |eligible for preferential tariff treatment under a free trade agreement; or
! B5 K# ?8 e. Y0 { K(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
8 s$ P4 s9 ], hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
, N: H1 ]7 }" [$ N" v7 k+ Yincorrect.1 `! d6 J4 ~: w! U) W6 A
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) N# R& g* ~6 t9 |(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
, K# y6 G; K& u1 q1 _other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 d1 S5 Q6 u. t1 r! w1 ^; zwere 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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