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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- @9 o8 f& z% q% i0 q# Z; }+ W
上面说 非商业 进口 可以免关税?( N" |2 |' t7 T! X" j% v
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# K8 e( ?0 s. R, ]http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. b" z" C* |! d- |" K
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1 j0 V$ y# b0 z/ V6 z& p. ~ pRefund Requests2 I5 R2 N9 C! t
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! ^7 S% C2 F+ ], l, H) a: `5 K/ |
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( [( \. C9 }' E* M# f$ e! y
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 x/ K6 A( j* T' N( J
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( `) {9 Z1 P# m7 fCanada to the time of release;* P+ y9 s5 G" q b" W7 ]
(b) the quantity released is less than the quantity in respect of which duties were paid;
5 x* N2 C$ I; ?; _) V(c) they are of a quality inferior to that in respect of which duties were paid;' D8 B. y0 b, B3 S# z# X; n
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential, l Q, w; O+ l4 _: X" x/ ]# h
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% J* a( H; u9 R
case may be, was made in respect of those goods at the time they were accounted for under) W g$ n# k2 i! z
subsection 32(1), (3) or (5);
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; @1 U5 a9 R# G* R" u8 G(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! c& L9 N- Z/ b
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are! v. ]8 p$ _; ^
accounted for under subsection 32(1), (3) or (5);5 z4 ~# e- T- n8 R
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 A- b4 u* \1 B$ N) n. Z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' |3 N/ n) A6 {7 x6 l/ Y+ V. ^2 b# Qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& x5 w+ h" f) A
value for duty in respect of the goods and the determination has not been the subject of a decision3 e+ ]! C4 J" Q) q
under any of sections 59 to 61;' A1 V, [9 c5 p1 E
(f) [not applicable to non-commercial goods];7 l. Y" [$ w0 ~+ }9 P' j
(g) the duties were overpaid or paid in error for any reason that may be prescribed." j0 L' C1 M5 c3 b/ f
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 R4 k& g3 V6 G2 p$ o, v; x
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: ?) |) G$ v' H
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). O- C5 V! ^& }. z, @
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) |9 l5 O& e% W, Q; r
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) D: D- P9 t0 W! m$ Y/ |(3) No refund shall be granted under subsection (1) in respect of a claim unless9 F! h$ T( j* h# M
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
% T# |% S) V) H+ |; a: L, S+ ^respect of which the claim is made or otherwise verify the reason for the claim; and
9 E% q/ \0 y+ Z, r, Y(b) an application for the refund, including such evidence in support of the application as may be% y3 c+ l" p x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
d+ y% L) M- Y3 mprescribed information within
7 ]+ D6 F& d) r5 b; S- b(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ @" R; J! Z9 g/ V' m) K& g
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 [) x+ `+ i+ d6 d4 K8 Y/ W" g(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
|- i! p! I$ u. t; Vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 x! I# K) m$ B a$ `# A4 r
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( T9 X: u' d4 e* \& Mthis Act as if it were a re-determination under paragraph 59(1)(a) if
3 D* k- J' B9 R1 H, ?! B6 ~- K5 [- ^ F(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 d4 Q' z" U* d2 a3 p: s
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 l( ~8 `6 `/ }% d2 geligible for preferential tariff treatment under a free trade agreement; or& R" |0 e, l$ u
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: g: R+ [) ^# f/ G2 _. c
because the origin, tariff classification or value for duty of the goods as claimed in the application is
0 U3 K; _+ m/ G; i6 A5 mincorrect., j* M; g$ o5 i+ {5 g7 ~
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 o) n8 C6 ]" l9 r9 I& P0 u) e0 |$ U" R(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 `+ P1 Q: w; c& T" c: f% G
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 _3 A; O; L5 R2 ?" E9 ~1 G, gwere 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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