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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations7 T4 d! Z* \* r+ d9 u2 | G$ o% z
上面说 非商业 进口 可以免关税?
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7 Q* X" p. o- B E) Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests' M6 v9 I. G; d% s3 p
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 V; ` Q: c& ]
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
l6 ?; p0 @% M8 U6 c- }# Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 u+ H: B! b6 p; ], n! N: ^(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 ^, Y( w5 q, r9 k; \
Canada to the time of release;4 a4 e* T. ^( M! W+ Y
(b) the quantity released is less than the quantity in respect of which duties were paid;
; O' C7 k# h% K(c) they are of a quality inferior to that in respect of which duties were paid;
% H* Q+ S. Q. t, t3 k' l* H( B& d(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) P$ z( h# v0 i6 c# ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% ~) n8 j+ V# i; E" ~. b
case may be, was made in respect of those goods at the time they were accounted for under
+ w. Z9 N2 `' }; F5 O) Jsubsection 32(1), (3) or (5);! ?! q$ ]+ `1 E/ R/ q' R0 A
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% R4 a% ~. P9 n. O1 V& G1 i4 M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for$ N" |( C/ F: m/ R$ J" N, u' ?) R
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are! z8 [) B [, b: u/ @& p8 h
accounted for under subsection 32(1), (3) or (5);
" \1 E9 C) ^% e2 Z; l9 O9 l(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 e7 v4 `) N- j* @7 f1 A: _8 }
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 N5 ^3 @6 m: R7 {% J0 y* U" n) ]
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' t2 T8 v0 T9 A* p6 P7 W
value for duty in respect of the goods and the determination has not been the subject of a decision( \$ k' k+ c% y/ l
under any of sections 59 to 61;* o. v5 ~. _2 S1 ` w* ]( f
(f) [not applicable to non-commercial goods];
" L0 P9 t6 P' q(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 C c6 t n3 n4 c# n
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* [# }, `) [- d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 O. o% {1 V* t+ F7 V5 ?this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. F) z. z' r* P; b2 H/ P+ s4 s' X
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 P1 D; J) |* j5 O; p8 W( s) Yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ [, a3 U0 B; P2 ^2 ~(3) No refund shall be granted under subsection (1) in respect of a claim unless* j* r& j9 o* R% ?( E. O9 r6 T: a8 ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
n# G e* ^# xrespect of which the claim is made or otherwise verify the reason for the claim; and
4 y" q8 z3 z: R e3 W(b) an application for the refund, including such evidence in support of the application as may be
`$ q+ c' R- @% nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( z+ q9 d, h* x1 |2 |# e8 Dprescribed information within
! R6 k9 a, j( {' m( G+ f(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& }# u" J9 a" h9 p" G3 {, O$ S5 c6 bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; T4 M" Q: E1 {0 E1 {! q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- b4 O/ B4 A6 \/ `
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* A4 K" ^/ |$ @, D9 U(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 b2 ~. {5 Y& b; V: A/ athis Act as if it were a re-determination under paragraph 59(1)(a) if
. C( T7 z i, k+ N$ h(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ w. Z$ v# {2 j3 T
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. l3 {4 r. X7 i+ Q6 veligible for preferential tariff treatment under a free trade agreement; or& K( r5 F8 R. G0 h2 O
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 X7 K2 a, e1 V1 Vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 F) N6 ^8 t/ @& t# ~' F* [- \! t Lincorrect.: a) l+ j: C) `# z7 j
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; N4 R' N3 }4 `8 a+ m
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- ]2 E6 M: w6 E- A- q5 s
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 C& E3 W9 x9 g& c0 {
were a re-determination under this Act of origin, tariff classification or value for duty.+ u/ S& I6 H( r+ _
( w5 A6 G" G( {% X这到底是说可以还是不可以啊? |
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