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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations7 A3 S- r1 A! M8 C) z7 `! ]0 c
上面说 非商业 进口 可以免关税?
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! O$ ~6 }* G+ }http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf/ m4 |# Z1 I3 Q& [! d" u
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Refund Requests4 D( V g7 H( N' y7 T* T7 V) j
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 e0 j& K/ ]8 Y) l, a7 v4 Mpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& y, {6 ^2 g0 Z4 Y& l- w8 `. e
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ a) O) W' J. M8 V' x
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- W9 G: t% T# N# a+ ^Canada to the time of release;9 ^8 Q8 ]8 m! m) I+ D& A1 G+ \
(b) the quantity released is less than the quantity in respect of which duties were paid;
* y' T& ^2 ^( W(c) they are of a quality inferior to that in respect of which duties were paid;
' u7 l# }8 I- N4 R- N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) C8 W5 D1 Q( b6 ~: Rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- i3 d4 Y& @% x2 F9 u& d7 S. W
case may be, was made in respect of those goods at the time they were accounted for under
* @8 M2 ^/ O; Z3 [' |. N! _/ z3 Hsubsection 32(1), (3) or (5);
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$ K5 t" b1 {# G. w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* L6 U4 @" m1 Y P' B ]preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 F7 P) b3 E) Y, m+ _2 B) Zaccounted for under subsection 32(1), (3) or (5);) D% R$ [9 y {! V
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 A, ~- x: V% y: G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) e4 {2 R8 P6 i! p, c a" vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* l$ Q+ p# M) N6 r
value for duty in respect of the goods and the determination has not been the subject of a decision) H' J+ X6 V9 z9 Z+ J8 c) v8 D
under any of sections 59 to 61;
' S8 d1 A$ o5 [! Q! t$ a# F% ~(f) [not applicable to non-commercial goods];/ {* E" _2 ~8 q5 }
(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ m; h) n) Y( R4 m
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# }! x1 e& N: b1 s
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of0 P" Z3 J& P9 [7 q' s! F
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' Q( D' l9 V9 W$ s% d
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 h, U, X- n9 c% K" N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 [' z. Z9 F( [2 c) | j(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 u% D0 d% S* i | v7 ]2 M7 x- C(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 Q1 }8 z- y8 h6 R& [respect of which the claim is made or otherwise verify the reason for the claim; and( g. L f3 L' ^1 b0 Z1 @0 b' e) ?
(b) an application for the refund, including such evidence in support of the application as may be
$ A( p) x8 o( J( h0 ~3 s; T& X5 xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 ^ x! h& `0 [' P% [% C1 y" D
prescribed information within
" c( g6 T5 h" z) Q+ x9 O( U(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): u1 |' i+ D* V8 ^3 j
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! ^3 w* n$ [1 m0 G* M3 W6 V! ~(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods, d7 e- f! q5 f
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% }5 h" y; U' ]* p(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, [) W. a2 \& y" K! T l
this Act as if it were a re-determination under paragraph 59(1)(a) if
: l* t+ |* @1 _* ?(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& X2 q- B8 a( Z8 {$ d7 D
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 X, z* D" n! `! F4 |; |% C! teligible for preferential tariff treatment under a free trade agreement; or
4 a+ H7 O0 v$ F- M(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied) { d/ j+ ?& i, _/ @+ y
because the origin, tariff classification or value for duty of the goods as claimed in the application is3 @5 b( |1 \3 u: X* K
incorrect.
$ U: ?8 }2 k# d2 \4 u$ X& n b(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),' M, G3 N% f" Y7 R& m' e/ A0 F0 ^
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% p* ^. T; P0 \other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ X9 D. Z3 F- A# R
were a re-determination under this Act of origin, tariff classification or value for duty.- l! I9 o ~9 Q' G
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这到底是说可以还是不可以啊? |
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