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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% V. h+ l( s) o
上面说 非商业 进口 可以免关税?
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4 u' d8 M: O" y" ?3 v% dhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ W9 Q/ Z3 s9 X$ f4 jRefund Requests
: z F! Y& ]4 \' [ I, P3 J7 G6 o74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" g+ w' B3 F$ v9 _1 P5 G# `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part% |7 f3 Q* Q6 T$ h
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if v! U6 B5 X% t5 d. C. M' x
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! F0 A1 Q1 o" F% s2 w2 ~6 ]Canada to the time of release;( ?8 r7 l% M7 {9 v2 L0 L6 l q
(b) the quantity released is less than the quantity in respect of which duties were paid;$ h5 K$ v. D$ w1 b7 E
(c) they are of a quality inferior to that in respect of which duties were paid;) V! j% `- Z& l* B% |# W& |
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 O( `/ V% M3 H+ K* u2 W& }/ m6 |1 T
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; H; Z; @3 z+ A! m8 x( \
case may be, was made in respect of those goods at the time they were accounted for under1 P$ F& J$ f& S( [8 o; Q( [
subsection 32(1), (3) or (5);' o, m0 S C' R4 c3 @3 _
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$ q4 T- {" }2 a+ D# v3 ?" n(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ F# I% A* q. P' H% z- B+ spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 \9 f3 R. n" t; i
accounted for under subsection 32(1), (3) or (5);
7 N; |/ |6 {# I3 j+ H2 f3 P ?(d) the calculation of duties owing was based on a clerical, typographical or similar error; v; t% ?4 C0 r6 j2 A3 Y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ L! s% B5 t+ @' bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 ^( X0 b$ k: `7 w# E
value for duty in respect of the goods and the determination has not been the subject of a decision: e% F9 Q- O: r V1 b7 c
under any of sections 59 to 61;
8 H+ b# t9 z6 s6 T) |* m(f) [not applicable to non-commercial goods];
: }; b1 M0 @* ](g) the duties were overpaid or paid in error for any reason that may be prescribed., t8 x% T6 f& A6 I4 R5 J1 s2 M( r
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# |5 X* f$ C) n- ]% Q( ?
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 D8 m5 G! L; S7 ]! m+ C0 i2 pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 ~/ u1 j3 f* o5 c2 Z; q) N(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim9 B1 G9 i3 `- m- {7 r6 D
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 ?& u, W ~. S! {(3) No refund shall be granted under subsection (1) in respect of a claim unless
V( [+ C9 ~) z) R! u+ w3 y: X(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 L* K. k& L) c9 \* o( [9 J9 w
respect of which the claim is made or otherwise verify the reason for the claim; and( X, I: M& C1 q7 Q
(b) an application for the refund, including such evidence in support of the application as may be
3 K6 ^& {. D1 A1 V% Z1 L$ fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# _; Z5 G# o: |) Bprescribed information within. j& R" x+ ^8 y {
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- @; b, p, `# |2 g: S
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% Z3 B/ |# p$ X/ I r5 O
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 C5 Q) Y' J g- lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( [ |1 Q% i- i3 g) r# K' |0 U
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# U& [" z; x* h L3 X+ {
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 H9 n5 h% r9 n- ?4 S" b0 f* C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 Z1 i" Z" a$ o0 Z& [8 u$ f; fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 i0 {% {8 B/ T$ b& P# ueligible for preferential tariff treatment under a free trade agreement; or
! r- {5 j$ O( J! i; V. C* N(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 Q8 @/ C+ S% B/ _$ P4 h+ ?# o/ B4 ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is
" ~) F9 | X% M, sincorrect.
* x; X6 b" `/ \/ J& k(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& i( K: ^( ~) O/ ^5 @" o
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ {+ [# _1 C7 G
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it9 h4 ^) D$ s8 c; X% B' E3 e
were a re-determination under this Act of origin, tariff classification or value for duty.) e( Z; B s/ Y5 i
) T" D; C5 t0 r- G4 j这到底是说可以还是不可以啊? |
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