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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. V o6 Z. E# T: Z* n7 F
上面说 非商业 进口 可以免关税?) y$ p' `9 [ U9 {' G
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8 J# F$ r o" p& [9 ? \: B4 E5 p2 x4 l8 ]& J9 l
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 X! e5 u: p3 L+ B) R, h0 \
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Refund Requests
7 u6 |" S! e3 R% C* ~# P4 [1 v74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 E o7 \4 {4 I- z
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* q- q' P3 b1 h9 E C' D/ ]+ C4 vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ U' [' i0 ^) w3 \0 k' M(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 n- j# T8 |' D; g: t4 a7 }Canada to the time of release;
/ G& k0 @6 P9 d1 x; W! V% G5 {(b) the quantity released is less than the quantity in respect of which duties were paid;1 ~/ {1 h& R+ e: }( X P$ e
(c) they are of a quality inferior to that in respect of which duties were paid;' G5 O( R9 R# ]% g
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential1 A' ^- x4 `2 h% t! ?
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' o7 o: j' k2 ^( q6 Tcase may be, was made in respect of those goods at the time they were accounted for under1 {' \8 S5 K/ h
subsection 32(1), (3) or (5);5 r e1 U3 c& [1 A. r1 C
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- Z1 j8 A' b+ e, e4 Q: v(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. g% p, F" \" t" q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 e& D+ V2 i, e; B9 taccounted for under subsection 32(1), (3) or (5);
( b9 D0 r% p/ L. P(d) the calculation of duties owing was based on a clerical, typographical or similar error;
$ n; m- m0 G$ P8 U(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
! N/ @; I$ o9 e% Q H' }( s% Lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- L2 Y) t9 ~& u! R0 avalue for duty in respect of the goods and the determination has not been the subject of a decision
7 ?- K$ J( ^0 Ounder any of sections 59 to 61;6 O) Z# ^ P( ~. N8 j
(f) [not applicable to non-commercial goods];3 m* |9 w, ~. T1 u- r) r
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ I+ ~3 p7 a* W$ n
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: m2 ~+ y; d* L& [. s$ j% B) A+ [
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
* J. J) c) L% ?( H, |this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 J, ?1 ]) Q3 R2 f(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, ?6 ^7 d/ U) z f, }% iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.* u1 ]7 d0 k. N9 \8 X9 h7 m
(3) No refund shall be granted under subsection (1) in respect of a claim unless( M" h0 t/ A! B
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 D7 Q* \$ H$ K; R4 zrespect of which the claim is made or otherwise verify the reason for the claim; and8 {- c* a5 C7 k
(b) an application for the refund, including such evidence in support of the application as may be/ B; d5 M. x) x" H& o9 J h; z/ N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
; f2 c; d* Y0 W7 c7 eprescribed information within
; V! L0 A) R% y g% r' y; J(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
* [; r4 ^" [1 D1 ~1 oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! ~7 Y0 G" K9 U9 H {6 C(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( z( F5 C9 U! H6 O6 Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% G+ l. T4 P' B& N: A(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& M% S/ M! j% [" i. T$ cthis Act as if it were a re-determination under paragraph 59(1)(a) if
$ e7 N4 ~/ t- t) [+ {(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# d1 g9 i0 r$ ?7 W% e7 W. V8 T- Z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# ~+ W3 R5 Z) s7 z+ m% H" J
eligible for preferential tariff treatment under a free trade agreement; or
( r5 Y) g& ?7 \! e3 \! C(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) l" U# ?. i0 Pbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 b; o$ U7 }4 u
incorrect.1 i* w, O6 B& d/ N
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 ~; r9 B, \3 ]* o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& R' j2 S- |' [; A$ [
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# Q" a% M) v% b! D: ^
were a re-determination under this Act of origin, tariff classification or value for duty.8 O5 N# N3 p- X* r
3 }- I0 P2 J$ C! f4 I: N$ r这到底是说可以还是不可以啊? |
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