 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 _" K2 X- K) v; a/ u
上面说 非商业 进口 可以免关税?
% [: Y5 Y7 X: ^, U# }+ U2 { l$ ? r( o4 m9 q
3 }! w% K( N" ~( ^& _% k8 E0 M4 ? V( w+ b5 K& E: I
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 Y R6 e% l) A( J1 J! O
3 @' I& s6 f/ ]* j( Z5 v
+ x. F. W0 E8 j7 ~6 Z$ W' f
Refund Requests. X; k& M. W/ d2 n$ o: H: G$ e9 q' g
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) @5 S7 g9 C) L5 _paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 x" W: K5 c, i1 `# @
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if& m: O$ @5 X0 b* {6 q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# Y4 ?; V$ Y4 g3 U( r, PCanada to the time of release;; b6 r. r0 d$ w7 Z' p' p
(b) the quantity released is less than the quantity in respect of which duties were paid;/ b4 n. j( o3 x- b2 S: o
(c) they are of a quality inferior to that in respect of which duties were paid;0 l: O# e2 d0 f: c
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: T& d# [: t I- @, ytariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. h7 n, w' b) h6 d$ @2 X5 U
case may be, was made in respect of those goods at the time they were accounted for under1 a# {1 N8 g$ e8 n
subsection 32(1), (3) or (5);
" J% @6 V9 l# @& D! U$ X, X3+ _/ b+ N. L. m# ?! R
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for$ Q, M3 w1 B. w* v% W
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are! G! w$ i7 a% g9 O$ s# f" c4 V
accounted for under subsection 32(1), (3) or (5);( y3 S& g5 N& @+ E, E" D. h7 Q; n T
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% F q5 C( H: e: \) w( O(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" p9 g: v2 v; A9 }% Y6 A, Dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! e( I7 t% v; j% w# w
value for duty in respect of the goods and the determination has not been the subject of a decision. I5 p; t# v j! h
under any of sections 59 to 61;& f( q3 A/ ^3 F, N' i! n3 M% S
(f) [not applicable to non-commercial goods];
5 f+ X, J& j+ M0 r(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. Q2 S4 p( n& c1 m1 ^9 K(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* M O4 F' X8 [
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of Q% h' @) C4 `+ m) J/ q' @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- }' m$ }5 t$ w) U6 R! O
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 K, H' M- U0 D1 H3 Yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.' a6 e# L0 i O5 Y5 w/ s" H( v' ?
(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 U) Y; e. B; D4 t(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 H k! v5 E9 Xrespect of which the claim is made or otherwise verify the reason for the claim; and
& ]% G `$ {+ a2 L- h) X9 s& @, h(b) an application for the refund, including such evidence in support of the application as may be
. {% B) z r9 t4 _! j) N) uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% M0 l, A8 b2 O* G
prescribed information within- n& G4 Z2 J% r
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). U& V N8 \% }" ^9 M* l6 o7 N
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, o, O/ _( P0 j" q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 e4 @1 g) e3 e' Uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 W' J: x& ]! V: r1 G* ]
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 v3 h1 i0 _8 t) g% Y8 u
this Act as if it were a re-determination under paragraph 59(1)(a) if
p% w F+ z9 P) z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 _3 b; y. N3 N1 Q1 Z4 U& hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: Y8 Z* g9 c" j! {# h( o# I
eligible for preferential tariff treatment under a free trade agreement; or* K, G3 m6 ~0 g2 G! a7 Y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 r. X: r) Z- j: ?because the origin, tariff classification or value for duty of the goods as claimed in the application is
: d1 E* r7 z/ M4 k8 q2 M- N9 g# s) fincorrect.3 ?- g8 d( n0 C) s p- |
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% o% k! x9 c0 K6 R
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
+ f. ]1 i1 n' f6 cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% J- ?. W% ~! m" ?! z2 [" Q0 B0 X
were a re-determination under this Act of origin, tariff classification or value for duty.
' {/ V$ l, Z: E, F
9 S& G5 U: F/ S- w4 _2 ?+ p这到底是说可以还是不可以啊? |
|