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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations7 i$ ]( z$ c0 ]7 `* y6 u4 m5 X9 p
上面说 非商业 进口 可以免关税?& n' A6 s: m- q2 y. f. M
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
; B2 e6 w& p4 u" l74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 A5 w3 v5 s7 D7 L* x* v7 X! `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( t9 b$ `' p5 Q% F) q
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& B* C9 y+ O7 x- G6 ]8 f& U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& Z& l/ N1 N5 v# n+ ^
Canada to the time of release;
4 ?- C5 m* G9 I) @" A(b) the quantity released is less than the quantity in respect of which duties were paid;
2 b. C; m' ^( C- D6 i9 @9 i! ]/ K) D ^(c) they are of a quality inferior to that in respect of which duties were paid;9 g, f( `$ W8 R& F/ ?, L8 a
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential$ J1 D& F4 g2 ?- A
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! P, o( t0 }; G* u g: }case may be, was made in respect of those goods at the time they were accounted for under
/ a9 [) ^4 E/ E7 Isubsection 32(1), (3) or (5);$ `: V7 g9 _6 n" {. ?1 Y: Y/ P
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# T# p3 j0 O/ t% Z(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 D8 i r& j4 X; ^ Gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 G9 h+ \! S" l z3 i' Q- z
accounted for under subsection 32(1), (3) or (5);
; r. V6 ?5 Y( Y d/ r(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 c+ S, S9 V1 Z/ @
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' i) W0 _ M0 Q# T1 ~8 j3 K: R2 bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or2 x7 v; `2 a* d6 b4 \; s
value for duty in respect of the goods and the determination has not been the subject of a decision
+ v, O7 S; c7 ^" D' d3 }0 punder any of sections 59 to 61;' U, n8 K' \% l2 p3 r. |8 ?
(f) [not applicable to non-commercial goods];
6 [& j- t% W! R, ]+ f8 F s(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 Q9 H5 {: n$ t; Y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 v' E9 t- Y8 i, i+ C$ Non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 ]2 {& H6 P: v: E9 g+ b
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).1 m. b( u0 t! N# R) w q1 p
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% {9 g2 P6 g' h C) j) cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.; Q, ]' d7 I% q; ?8 {$ T% h- R6 x
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 c) D& g. p" u' W/ { b# ?
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 O: p4 S- N% V+ h
respect of which the claim is made or otherwise verify the reason for the claim; and
9 I5 p9 I; Z& Y$ C `1 c0 M2 b; k(b) an application for the refund, including such evidence in support of the application as may be
# W7 n; a9 N4 i; y1 _% @' a yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 N% h$ V- c' ^ l+ f! f
prescribed information within
0 c! u1 e0 r; `. C3 |(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 Z9 e' c' M8 p& O. Q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 a9 r' c% x- Q0 h- N' ?7 Z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* Z2 p. \1 s: N1 U! K. J
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& E3 ]. a9 g; W+ Q- Y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# p% Y! d9 e# x5 c
this Act as if it were a re-determination under paragraph 59(1)(a) if9 r9 `1 w" D6 p4 Y. ]3 m
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 s4 F- k5 N# T) O0 i! A( w+ g2 jbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ D6 a! N' }/ @6 E5 u
eligible for preferential tariff treatment under a free trade agreement; or2 q, J3 G8 ]( x f3 o7 [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: t s" i/ H2 v# c3 Y6 j% z) Abecause the origin, tariff classification or value for duty of the goods as claimed in the application is
, [1 o0 v; m. [- `incorrect.! R8 ?# Z1 X9 W& w/ j1 Q6 d8 \, ^
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) K, `# J& U& N0 d! `% ]+ d- C(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 c' j9 i2 a" Z8 T6 ~! ?) K
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) b2 J- j7 H2 e+ {. \were a re-determination under this Act of origin, tariff classification or value for duty.
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) g" X9 g& x5 i; @这到底是说可以还是不可以啊? |
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