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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% o; D y" c% H3 P D7 {上面说 非商业 进口 可以免关税?& ?, N! [$ }' k8 y- a
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ g9 m/ U: x2 c2 _, x; a
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6 E2 h8 l7 q1 L z( K& [7 pRefund Requests
! b( @2 T+ K: B8 q0 A4 x74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 s3 v# @0 n' C, v& B8 ^paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" Y! L, {& |! Y0 m! m
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if& a, J" } H0 P! I
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ ^9 q, p* |! q- q+ [4 D& @
Canada to the time of release;
% f2 g) }7 X) g( W2 P(b) the quantity released is less than the quantity in respect of which duties were paid;
. M' h6 p1 D% q(c) they are of a quality inferior to that in respect of which duties were paid;
# L- e- B' w& I6 P( v(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. X5 [/ o& u* V) gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 v# a, Q' s1 T0 ]9 Y
case may be, was made in respect of those goods at the time they were accounted for under( G5 c0 |( ^% m' J- y! S0 S; [
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 S# y( Q2 h. \9 C) b) H4 k
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 y, }- ~9 P; j8 ?
accounted for under subsection 32(1), (3) or (5);
0 z0 J6 y0 j" a5 z0 \# l(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 l. W' Y0 \5 ~3 y6 X(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 Z6 G/ T- w5 Q* U& [! d
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& H+ ^- G) `" i) `( _; Gvalue for duty in respect of the goods and the determination has not been the subject of a decision
/ C% d# m1 z# `, `) c% Nunder any of sections 59 to 61;0 z6 o z7 t) P
(f) [not applicable to non-commercial goods];. Y! J L+ y/ s6 s4 C9 { D3 |' n
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) p) a2 |" w5 L3 P$ O(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based+ Z6 m- d. f1 k; _- ?5 z" }9 q) g
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. b* \2 q( d( r( X$ L
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! ^0 n! b! X, `: b
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 }+ v7 r2 m4 W$ M2 z I% C" Iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 H( Y) h. S' o& M z% h$ l(3) No refund shall be granted under subsection (1) in respect of a claim unless
: U4 l- Y+ a# q% Q, ~ `" l( G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 L/ z3 O+ o6 k8 I9 ?% mrespect of which the claim is made or otherwise verify the reason for the claim; and) b) Y! u" ~: @' Z
(b) an application for the refund, including such evidence in support of the application as may be4 ]/ e. S. y5 F9 F- ?
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( Y8 _+ x0 X7 _- N/ G
prescribed information within: H" P! x0 f6 a+ N$ G
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) p* e" p& E' U' N" g' m8 k
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, r5 U7 j* u" H, r) [(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 Z1 \# f; D L8 q5 E6 H$ H5 Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 q3 x0 E7 w0 h3 f
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 ]# E( V7 ]- y- f
this Act as if it were a re-determination under paragraph 59(1)(a) if
; O. @8 Y, v3 u1 v8 T(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) U8 j4 v1 j+ j- |' Tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ S* l: {0 p1 q- W9 deligible for preferential tariff treatment under a free trade agreement; or
2 J) j: @0 k6 l3 c4 O5 |(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! z3 `) e% y) m7 O( P$ s& M
because the origin, tariff classification or value for duty of the goods as claimed in the application is3 F7 F( r* K& a# q0 @
incorrect.
7 h8 l( x9 { S4 p5 T! O) r: S(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ i7 L! A$ ]% H/ \0 v
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 n( H; q' Y7 \5 V2 d. {/ sother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it4 i* @+ F* i4 @: [
were a re-determination under this Act of origin, tariff classification or value for duty.: g6 V4 |4 S) E1 j
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这到底是说可以还是不可以啊? |
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