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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" X+ V/ ^! E6 |% ?, S, @& z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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& B4 o) [& R. h' SRefund Requests
0 }% n! y& X1 k74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ ^8 l: Q5 n# t4 I; W/ X Z8 Cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ @( k9 C: f8 O" F0 i
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ G& d" D" G$ c( w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, J: q& K! Y' h/ Z% Y- n* k6 ~( [
Canada to the time of release;5 c: W i: p; J
(b) the quantity released is less than the quantity in respect of which duties were paid;
% S# y1 s+ R+ D(c) they are of a quality inferior to that in respect of which duties were paid;
' ?' I. H1 a1 D. |9 J4 [7 N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential! K2 y8 E3 O) {. i( T6 g- V- ^
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* T3 {4 \$ c* [) Lcase may be, was made in respect of those goods at the time they were accounted for under. E/ O) s* Z* s0 k
subsection 32(1), (3) or (5);# X0 W; c( e6 d# ?1 v; }2 e& n$ O
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& J3 x5 j( N$ z2 \(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 E/ l- Z; ~2 z$ c- j" c
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& F* S6 g! z8 o5 L1 Waccounted for under subsection 32(1), (3) or (5);
5 U, D6 ]4 X# ~% U' p$ D(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 G; ]+ e0 y( |( f7 y% F
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
5 K# d, R& }) F! A$ A: e. [/ l) Bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* `& ]: l* q' f( X0 g# uvalue for duty in respect of the goods and the determination has not been the subject of a decision4 h7 d9 {# Z6 [5 L- J+ H
under any of sections 59 to 61;
8 C! W: L$ s( e: [, R(f) [not applicable to non-commercial goods];
' c! J0 r. x+ x8 L: F(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ m% O. j* \; V7 i1 B2 |6 L# ^(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ u6 G, Q' D- v) S5 S8 L
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ x, z( u% Q+ o8 a. v; p$ v. M
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).: [; y) @ n% S
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ g, d7 b: g' Tunless written notice of the claim and the reason for it is given to an officer within the prescribed time.- i& B* a8 w1 Z6 ?
(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 J C+ I5 u: v9 c% T v0 C( }6 z: p(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ B. L5 l. s4 n1 _1 Drespect of which the claim is made or otherwise verify the reason for the claim; and
* _: G. j7 P; @9 s) k( R, |$ ^(b) an application for the refund, including such evidence in support of the application as may be
$ E; Y7 m7 u3 z: y; Rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
; n4 f& ^; d0 T! uprescribed information within
7 f9 Y9 F5 y8 O: G! Q3 r! P& T(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ R; Z; a1 S. q$ U. @ H+ w, Mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! f/ B& n! E; ^$ C# }(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 a! @' A& s+ F
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 }: C; V s, |% P9 U3 o9 v+ o }
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 Y, M3 s6 _! p+ o4 Ethis Act as if it were a re-determination under paragraph 59(1)(a) if
0 E1 P0 P( O r+ K8 l(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( F% N2 `. ~, K0 [because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ I# V9 K9 k8 Y9 L9 }
eligible for preferential tariff treatment under a free trade agreement; or
1 E S. ~( M+ d: T/ x(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
& n1 f! V% A) E9 `& Mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is' l4 e5 V4 ~- A4 j' C9 r
incorrect.9 }$ R7 v6 ^& ^( i) M$ I& E" w
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 |& W7 _! h! ~, Y4 Y% ]
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 C4 R) U! u' Eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 i5 K- c1 V4 r& w
were a re-determination under this Act of origin, tariff classification or value for duty.8 i; k7 [+ N% d: _: _3 ]% h
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这到底是说可以还是不可以啊? |
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