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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" }. y, W5 _& f2 j上面说 非商业 进口 可以免关税?
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- w! y$ I: N8 d0 |/ R& W Fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 l: `8 k! Z/ a
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Refund Requests U8 r2 ?; e1 h# f# m% R* r
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ h6 P$ J7 D/ Y2 X9 G, _paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" C+ o" v5 I2 f, ?7 m p
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if% t$ q l! X* V: l9 n; O Y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) i1 A& j$ ^0 H B$ kCanada to the time of release;: o3 p8 H7 P. v5 P/ J/ z, j. [
(b) the quantity released is less than the quantity in respect of which duties were paid;
T2 d: C; J ?. u! H(c) they are of a quality inferior to that in respect of which duties were paid;. B3 h* ~: f# ]/ q6 {: I
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) h& }0 c% q! X7 b2 G) ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 J6 n& S6 j1 F3 ?' I9 r
case may be, was made in respect of those goods at the time they were accounted for under
3 w9 a' p* Y* @7 [5 vsubsection 32(1), (3) or (5);
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# ~5 E% e7 r' ^, j) I(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
5 Q3 F% C% d1 m1 h$ Y* L3 ?preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 g. X6 ~* ]9 U- }* X; d! ^( Jaccounted for under subsection 32(1), (3) or (5);+ ?# V+ ?' n# w4 ^: L, ?6 u1 B
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) q/ k0 f2 v: g# A# O( P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 V- s& z! g$ Qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& w3 R2 G- K0 L$ fvalue for duty in respect of the goods and the determination has not been the subject of a decision7 R3 p( T. _- m$ h- z
under any of sections 59 to 61;4 k9 H" K. X# h% X3 y
(f) [not applicable to non-commercial goods];- k( _; v4 A( `; M& b
(g) the duties were overpaid or paid in error for any reason that may be prescribed.! ~9 }9 b+ T ]- Z4 b L( n4 X7 I
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; i: C$ L# J5 m7 m _! v: bon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) W' t2 T+ f$ y& W4 ]( A3 Athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- p6 [# n# M# O- K6 N' c5 u: C
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, R6 P" i' ^/ i( t
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! h' {, k, |9 i7 j$ Y) D(3) No refund shall be granted under subsection (1) in respect of a claim unless# X/ Z5 ?! w& J
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& K# j$ l+ d( ]- M( Vrespect of which the claim is made or otherwise verify the reason for the claim; and+ X0 |' ?' P3 c8 ]
(b) an application for the refund, including such evidence in support of the application as may be( q2 \* R$ D9 y5 Z2 M7 i9 L/ V
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the/ N. S) y) o- f& W7 ~# v% I0 ^% \
prescribed information within! g$ @( E F' o7 a3 l( N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 a0 h% l' w: \" U, c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 C/ R W; j# s9 \: ~0 D* n- Q1 s' j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 _, r7 z' U+ c6 k9 Y, S( }: b8 nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, \/ O7 G+ `7 v! w(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 W0 H& i$ f* D6 O; \
this Act as if it were a re-determination under paragraph 59(1)(a) if
; V9 n' z% A/ d Q$ B4 |/ }(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 B' I. I% O+ Z3 r
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
* ?/ u$ w6 j5 Q5 k# P5 x( ]! keligible for preferential tariff treatment under a free trade agreement; or- B/ C9 c- a) f& d" K) \
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
~* u! m$ `* Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* Q9 @( O5 M: t' zincorrect.
3 T- B$ {; Y `" }; q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 `7 m7 ~9 ?4 d3 L0 e5 B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# C3 S. t) k! n @$ I5 k
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: J n" h/ `+ `( P0 c
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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