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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: X( `8 y+ I3 M! U( B. o- o
上面说 非商业 进口 可以免关税?
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3 S& E, `) `& ghttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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8 i3 D% d) `/ [+ b& QRefund Requests
$ M1 A4 V! |6 P$ g' @! J74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" g" ^+ X0 H5 Y: t3 m
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, \, U6 V# D' ~3 V
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 Y0 s7 |5 u7 Q* J
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 S8 b% o# g( o" ^. J) V7 L
Canada to the time of release;
/ t, ^: @6 @# p% v$ L2 @0 {( L(b) the quantity released is less than the quantity in respect of which duties were paid;$ M% b+ K3 J$ t' {- [
(c) they are of a quality inferior to that in respect of which duties were paid;
* m# b3 |1 G; b2 E6 q; B1 T' I(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 c) w8 y T4 Z; t6 `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% C; v# X6 Z: ~5 U* [6 `3 U9 e5 Z* Fcase may be, was made in respect of those goods at the time they were accounted for under
; g; Z2 m4 b; A+ O Y: d' W6 _) a, asubsection 32(1), (3) or (5);* p/ ~" e1 E3 C# S
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* M% a% a4 f, B* p2 R! kpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 B- W5 l; _& r5 L6 {: b
accounted for under subsection 32(1), (3) or (5);+ h4 i* `" r( w$ O- g
(d) the calculation of duties owing was based on a clerical, typographical or similar error;) ?3 g I# F2 _, C N$ [. X
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 j7 p; {" m) E
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or) O% @' e9 q) a; i; Q6 T
value for duty in respect of the goods and the determination has not been the subject of a decision/ @) z* d6 s2 z6 P) H. Z7 h5 A
under any of sections 59 to 61;
% l- A; E! g& J8 V9 |1 F3 x" ]# c4 K(f) [not applicable to non-commercial goods];2 Z, [; p) P) c6 V
(g) the duties were overpaid or paid in error for any reason that may be prescribed.- X# }& B! }+ v6 E4 U: a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 X& d+ R% W; f- z+ M( don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
P, M7 \0 m6 R/ [this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) ~4 P4 J" b g# |; t% o* t# r(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ k. W* l2 J, {$ y% S% Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 Q" _4 r6 f+ w8 F" \(3) No refund shall be granted under subsection (1) in respect of a claim unless! K9 D6 Q% d" A6 ?3 [
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 Y& i- H* Q! T- v: Irespect of which the claim is made or otherwise verify the reason for the claim; and3 U x6 A0 m( H( Y
(b) an application for the refund, including such evidence in support of the application as may be
* _) @3 G6 ~) j* s% Z$ k! ^prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" u: W9 {$ J! o7 G" S* d1 z2 ~* d
prescribed information within# S. s1 ] X* D- h$ A9 ^0 G
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, D1 F; n! x, o- ^4 T& [4 | dor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 J# p4 x% E/ ^ B$ z5 H(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! W4 \( L& d6 Y9 o" O: n, G W( D. @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( b4 ]1 T" ]$ B& @* y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" u) R9 w& [0 B6 `- O: E+ I5 O' W9 h1 H
this Act as if it were a re-determination under paragraph 59(1)(a) if' V. W- `7 `9 o( V. u; C0 E
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; Q2 q3 k; N$ ]) C
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 a' G! e7 _" n2 j5 a; a( N% {eligible for preferential tariff treatment under a free trade agreement; or
; r9 M% S5 t7 j+ u. C(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) H' l! P+ S' M' u; gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
0 Y1 S' S1 X' dincorrect.
, V/ x- c* z, w) D& q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),( i1 l7 N* a3 z; M& b
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 U( f) e8 C* d% b% s
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 S2 J$ w/ _! W( G5 k& i! _0 Z
were a re-determination under this Act of origin, tariff classification or value for duty.9 K- i& a/ p, u7 |2 D# W
. s/ ?; e4 x, X0 n! Q# h2 [这到底是说可以还是不可以啊? |
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