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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; s3 ?' [ g' k
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests0 s- t1 @$ g0 ]5 b( p: a2 A& J( k
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 l* P+ }* u( M6 G6 v7 Opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part s) V+ r7 [, U2 j
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& d, v) n8 A+ [! ~# j(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: m% q/ M- w a. mCanada to the time of release;
; h" S, B# g# X% M% C(b) the quantity released is less than the quantity in respect of which duties were paid;, F" V2 p# {% l/ y
(c) they are of a quality inferior to that in respect of which duties were paid;/ T* y3 ?6 m ^9 ~+ e' j
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
f0 x$ ]: ?# J9 U( H6 g: I+ Ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 T8 M, j! j! `; X; X3 M. H, Tcase may be, was made in respect of those goods at the time they were accounted for under8 @: z4 e' p7 f9 [1 n4 k4 h- i
subsection 32(1), (3) or (5);9 O+ P% {: O9 |0 m
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ A1 F1 W' u" n' J0 Q, G
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 z) K, P: ~7 I% r6 v% r
accounted for under subsection 32(1), (3) or (5);+ c+ m0 n9 _$ i0 V) C! k2 B3 ^
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 N( d' s1 Y! R& W1 R/ A. E% o
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ D; X% O: n) j( V0 H! a
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, L2 ^* ?5 ~/ p3 }* T, O2 S
value for duty in respect of the goods and the determination has not been the subject of a decision
( d3 A9 b4 l$ U! V" Xunder any of sections 59 to 61;
% D2 e g8 f; @5 `. @(f) [not applicable to non-commercial goods];5 \! P8 y$ N) \9 y) T8 R7 H
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. j/ A- `: j9 r p(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based+ E* X8 T) ^1 {" h6 f
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ j0 L- D2 g' _2 |. `, x3 T
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# O* O. G5 b6 E" O& k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 Y, m) r+ @0 M" L. j$ Z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.+ @) [1 w4 B, W) u( t8 {
(3) No refund shall be granted under subsection (1) in respect of a claim unless D" M0 g4 ]3 Y7 [) V( D ]- U8 s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 n; H8 u, @: _/ w6 ~' d1 o1 F6 Arespect of which the claim is made or otherwise verify the reason for the claim; and
/ _6 a( v1 p3 k(b) an application for the refund, including such evidence in support of the application as may be- `" Z: B1 A" p+ o
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
9 {: [9 z6 @- W N! \; Kprescribed information within
' L, g& a: s, v) X(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% C4 g N3 l7 {2 ?, r3 }6 Tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) ]# i$ z1 m0 y% R E6 Z+ R& j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods% B ^6 d; i0 p1 |2 i/ c5 x1 U0 @
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' v' ~" [( F' `6 Y7 v$ n0 g(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, ?8 ~7 o6 m, X& D6 l+ _/ Dthis Act as if it were a re-determination under paragraph 59(1)(a) if" M' E- Q6 }! m3 `7 k( ~% V. C
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ R- d0 M: y, y" vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not- ]$ ^/ X! h9 `( X
eligible for preferential tariff treatment under a free trade agreement; or
& J6 k6 z6 m/ d3 f3 u1 B& C, w; q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ Q0 s6 r% o* S7 u/ ^
because the origin, tariff classification or value for duty of the goods as claimed in the application is3 l2 a# O( W# a0 {+ @1 X3 {
incorrect.) D( E% v1 P$ U9 v) P3 ]1 M
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) i, k/ `( N. E9 o. c w(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ a2 B2 `7 |1 ]
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" Z# e* T: c- ?+ g' Bwere a re-determination under this Act of origin, tariff classification or value for duty.
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