 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) O. J& U' s s上面说 非商业 进口 可以免关税?3 J/ x* M6 O `8 h) s
. l [7 H/ L, F& v3 M4 |, m" Z0 O
. `) }2 o c. i. q% d
3 ~- h0 F. _" R C& {- ^http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
7 g5 D4 m) I6 L. n
! h( A6 [9 C# y2 u+ z* _; W! o a
Refund Requests
7 D, e$ B0 m' B O! a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! S7 Q$ K: Z2 n! tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" {' d* A* [& L" f' }9 r% D% L- Uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if; x z5 b; L/ m: C/ o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* J9 \6 F, i+ Y9 ^5 M5 l OCanada to the time of release;% _$ M1 E! d, e7 K4 q N9 A
(b) the quantity released is less than the quantity in respect of which duties were paid;
0 a5 p! i0 F9 B* ?(c) they are of a quality inferior to that in respect of which duties were paid;
/ a N4 l5 @+ X2 P6 c(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 d9 K" ^5 W5 R: g4 p5 P# \; K1 K: q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* ?$ H$ Y* [! `7 n: }, O) g7 A
case may be, was made in respect of those goods at the time they were accounted for under
8 Z! Y' _. }9 B3 e* ]subsection 32(1), (3) or (5);3 u, v* d0 m) O0 b) r, t
35 s( q8 Z( r$ A. O& [: y1 }
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( L6 g% J8 _, @# q" H' T
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! e, C$ x5 H0 jaccounted for under subsection 32(1), (3) or (5);
4 m- G1 u* [! V% _ o. ]2 F8 V) ](d) the calculation of duties owing was based on a clerical, typographical or similar error;
( b5 x! O' V1 G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 F: l( \- b. F9 cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 f7 N& v& l+ E4 ]0 W( }+ G
value for duty in respect of the goods and the determination has not been the subject of a decision
7 t l1 D. S% Wunder any of sections 59 to 61;
0 c/ e8 v$ \ f/ U(f) [not applicable to non-commercial goods];
# \# v) B2 Y9 b, m(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 M1 n( z5 l& E4 ^) J
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& q, T9 ~) D: _# w7 g+ V! u, ?% Con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ i7 S) ^! O: ~; ^3 nthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 W) \: ^2 U, N! }6 Z: g
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 b- f( r/ X0 H1 q" m, x
unless written notice of the claim and the reason for it is given to an officer within the prescribed time." h6 F$ Q* J: i, }* z- Z
(3) No refund shall be granted under subsection (1) in respect of a claim unless; H# }' H- \. N6 i- L9 p
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 E) z$ R* ^& [6 e$ f) y
respect of which the claim is made or otherwise verify the reason for the claim; and* L; {! ~5 d' s
(b) an application for the refund, including such evidence in support of the application as may be- w# p0 `. z* H# P
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ b& B, S6 s8 B F0 Yprescribed information within( Q' h' m2 X, J; S9 l5 C
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ |9 W7 ?0 `* a6 M B: i
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, i- X& q, H( D
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# x0 a: m9 ?3 ~+ o
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 \& o/ }; b' V(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, z( h" u* d# k9 O9 R4 C
this Act as if it were a re-determination under paragraph 59(1)(a) if
# L( O: f5 a+ D8 Q. I9 i* I% X(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ Y9 u$ W8 d! n
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' Y/ r: z2 q* p/ A3 T( D5 f
eligible for preferential tariff treatment under a free trade agreement; or4 N; y3 m+ @) n
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ H7 R" R/ z. }- _& i9 g4 [2 ^2 [because the origin, tariff classification or value for duty of the goods as claimed in the application is
5 g$ [2 H, v2 J* u1 ]) bincorrect.
( l9 V9 I/ f- R0 n+ ^, B- l& q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
z* f9 Z; d* h- x) x8 h }(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 `8 i7 C( c; s' @2 Bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, e2 a# V3 {! N8 R& wwere a re-determination under this Act of origin, tariff classification or value for duty.) z% X' P+ M* ~: f7 X1 U
" Q9 F7 u4 h5 Z9 \这到底是说可以还是不可以啊? |
|