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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# \$ X% J) h$ g. u! d9 u& M
上面说 非商业 进口 可以免关税?0 S/ I6 B1 t: o6 c% [% }
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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7 N, m, y, f' n3 kRefund Requests
( y7 A/ k) @/ | @8 P) a3 S74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 q1 O- f6 S9 u) Z( c, J; l
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) F, V9 @ [' O1 H+ @3 Sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if S0 h; m# t5 y% `( S
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# d6 \3 Y% X# P: L- r" ^Canada to the time of release;
9 I' l( f4 f3 A2 s(b) the quantity released is less than the quantity in respect of which duties were paid;
' F: C2 N9 o; O6 D9 O% \5 B5 l, v(c) they are of a quality inferior to that in respect of which duties were paid;; H% z4 H/ X. x$ L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ m+ K# e6 y4 c, Otariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! p7 f3 L0 j. l) [7 b3 y9 m% R' }8 M+ Zcase may be, was made in respect of those goods at the time they were accounted for under
# Y3 _$ j8 p; q" D; U! vsubsection 32(1), (3) or (5);
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4 l* {3 z" f7 \1 G4 i(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; [% N3 U0 @* i# Y4 v0 L1 l, I
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 ]- m# _' N2 c. D5 ?accounted for under subsection 32(1), (3) or (5);; a2 _' W- n {3 ]6 f8 Z! x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ o: ^& D2 W7 W(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2): @( u2 ^, ~" @4 }) E1 @$ y% p& ]9 ?
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# Z* B7 l0 ?: @3 p" ^value for duty in respect of the goods and the determination has not been the subject of a decision9 {+ w/ d- T4 C) L
under any of sections 59 to 61;% [: n9 ]* v$ k7 e' ?& y
(f) [not applicable to non-commercial goods];$ U, O3 u2 ?3 Z i+ W) a! x
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
: X x* B2 |0 K% C(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" A3 d5 y Y" g* t2 \
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 o/ y; b& `1 j- a1 W3 X, Cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 Y# x) R3 N+ Y1 ^(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 Q& _! H- c! F& m" o8 c' L7 O
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 f* Y. F' r! Z6 a
(3) No refund shall be granted under subsection (1) in respect of a claim unless( _5 v8 ]' T1 d4 _. G5 G/ u
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: X6 q8 D* }) _" g) ]
respect of which the claim is made or otherwise verify the reason for the claim; and
) X5 y8 C- m/ @$ b, }(b) an application for the refund, including such evidence in support of the application as may be1 g' O8 Z1 i6 x5 o& E. @
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) |7 W1 S( ^4 r* e
prescribed information within
" \; E. q7 K! \1 Q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' ~# W4 h) i6 l9 d/ V9 X; `
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and+ `. J9 W x- k2 T/ }3 |
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 I3 \: t: Y2 H4 r8 Y
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. w! [# n% e- v l; T(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: f3 z4 }% I9 x! F; x! `
this Act as if it were a re-determination under paragraph 59(1)(a) if
& \8 Q- P8 h6 R1 E% m- [2 j(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* N8 `! n3 l7 S
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% `0 s) T; P/ O; N0 X1 ]eligible for preferential tariff treatment under a free trade agreement; or
, r3 a8 ~7 t! z(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% o+ f! E% |# x: O7 A7 v
because the origin, tariff classification or value for duty of the goods as claimed in the application is, F+ ]4 i! w; s8 f- {: |' Q: O
incorrect.
, Y% g# I3 o8 S3 y+ O5 s+ P(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* l0 O; a& K* y* O+ V6 P$ l8 h(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' @: r t7 Z5 o: i1 l ~
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: s% _: Y* L0 V+ W# Q
were a re-determination under this Act of origin, tariff classification or value for duty. K5 t& s3 \3 o& C/ {9 P
2 t2 Q& W1 z& S4 ~( m+ A这到底是说可以还是不可以啊? |
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