 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations$ k; ?8 n& r! v; h% s
上面说 非商业 进口 可以免关税?! L# m8 L; f2 f* D5 t
! ^; v" u ?$ R4 ?4 X4 Z1 B- i
# {8 W0 E5 ^2 k0 L) @1 w3 E O: ]: |8 b0 R; m8 g& ^1 G
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' _$ X3 {: M- i
' b3 F4 r( L6 X& I4 Y2 T4 `
" n9 a6 D! a# G! F' \* `
Refund Requests
- |; {, y0 `& g# N: n& R: P74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" |6 f* U8 q" d& K* T; c$ X
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ i, z9 D6 ]* D8 w2 e" u
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 F h/ a. M9 M& I- _0 v(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, T3 ?; o; ] d% p; r$ r$ NCanada to the time of release;
& h* E& i3 S8 S: P/ V(b) the quantity released is less than the quantity in respect of which duties were paid;
5 S5 ^5 m% ~6 n5 m( Q2 y' S(c) they are of a quality inferior to that in respect of which duties were paid;
& X$ ]# b: G0 p/ _" X# U5 D(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
7 w( C! R3 W' a6 c& @ etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. f3 @6 s" [7 ?' {6 E9 K Z
case may be, was made in respect of those goods at the time they were accounted for under+ w1 B& [$ ^1 k# w9 ~, W1 s
subsection 32(1), (3) or (5);
' L- o' N" d {# P* j" \ s. c3
7 p9 S4 q) ]% q7 P/ a% M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& h7 S$ U; I9 \: |/ b
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 k" d9 k8 c6 X# c1 E
accounted for under subsection 32(1), (3) or (5);) E+ z/ L- S# F1 E
(d) the calculation of duties owing was based on a clerical, typographical or similar error;) C2 e( i4 q9 m% n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) I2 f6 Y; N6 S7 G" W) I
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 g+ |& @3 Z9 A" e& `
value for duty in respect of the goods and the determination has not been the subject of a decision
t+ e$ H# K2 A( C4 E/ n1 P7 bunder any of sections 59 to 61;
1 G( j. {4 K' g9 w9 r6 H(f) [not applicable to non-commercial goods];6 K/ \; ?9 N6 T- m Z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- ]* H* Z& [ B; P6 D! L(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( `7 m' {7 n, J8 U! p* g
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& o D8 u$ Q* f! b0 ythis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 R P" G& Z1 F: ?. h% ~# L+ ~) |& G" p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 e; I! ?- t- f) x* a. S: f# I
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
; V7 c: O3 a) S/ D+ O* D1 l! R(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ s0 @& C2 ?, S/ k! B% \$ ^(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
U9 r' \6 o9 `$ vrespect of which the claim is made or otherwise verify the reason for the claim; and
& Y7 b8 N. q9 @: I6 J(b) an application for the refund, including such evidence in support of the application as may be
4 d E/ q9 a+ Vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, Y# Y3 w; L! r" ~& i7 {6 k( eprescribed information within& X: v+ w- \# r1 `7 S7 j
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), \! x, W5 g5 }2 Z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 ]. W& S! q! M7 I" \
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
1 T9 t/ y+ |4 J) _. R. Lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 H3 V/ Y. ~7 ~# G( F) c3 [
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* c5 f7 J0 z& @9 i$ N) C. \* l5 Y! D
this Act as if it were a re-determination under paragraph 59(1)(a) if
: t7 M8 `/ {! D" s! B2 {7 I( V(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 T* _4 n; ]/ J, {/ a# w
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" P7 P/ R F- |. Peligible for preferential tariff treatment under a free trade agreement; or- N. _; F2 l$ \0 `5 e4 z% X
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
8 }$ l( r a% y; ?1 Rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is9 e i+ o% g& o3 v
incorrect.
! G; ?; _2 `/ V1 h) j1 P(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," L; Y) G7 O e) t3 b# T( b: J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* [; @; J; }) Z7 ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) Z# j" D) a5 X% W& ^4 Bwere a re-determination under this Act of origin, tariff classification or value for duty.5 ]& s% }. }3 x V [3 S
) k- `5 p) B. y, a# I* z5 i3 F
这到底是说可以还是不可以啊? |
|