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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 S% x- o& Q0 G' @8 b4 ~上面说 非商业 进口 可以免关税?1 D! x8 k3 `6 K2 V; P* U# J# m, y
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests) g& a! b7 ^4 ]9 n6 j! J( V
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! r# _/ Z! _- Y3 xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' ~& K" U5 i5 ]of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ ^, X) r9 |8 A3 ?3 F( g(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) j" j% j( `3 Q! d! M1 Z+ oCanada to the time of release;' K' {0 R/ X+ z8 ^
(b) the quantity released is less than the quantity in respect of which duties were paid;
- m8 w$ R1 ` F2 K4 K7 O(c) they are of a quality inferior to that in respect of which duties were paid;+ L# l R+ G: U: g6 x" p
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 D8 `6 ~# l: Gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. i4 x$ y1 N9 `( f; K9 ucase may be, was made in respect of those goods at the time they were accounted for under: J2 N4 P1 f7 U5 {
subsection 32(1), (3) or (5);0 d# n( D2 h: m
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6 V4 R# { r' x; r4 P+ R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 X; D3 C/ A5 u. d | ]1 j: \
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' Z: U8 B4 V. O7 C& Eaccounted for under subsection 32(1), (3) or (5);
. w* H2 S! o2 D1 ^! D. B/ @1 E, N(d) the calculation of duties owing was based on a clerical, typographical or similar error;; ]0 z+ R& b' Y2 M! k% i3 z h2 X
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) b+ N8 \: v2 { l
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
6 @( L I* X# P5 J1 w2 wvalue for duty in respect of the goods and the determination has not been the subject of a decision' E; D) n V: U' `9 v0 m( Z; P& a \- w
under any of sections 59 to 61;
+ x! a% y% i2 Z+ l V(f) [not applicable to non-commercial goods];* f1 k! M) f, e: X$ _/ i4 l+ k0 R1 ]
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' D! i! a; ?: N(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
F0 E2 g. ?, t% Z1 v1 @on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; K. K0 Y8 J* w9 T8 }; _this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( ^4 k3 \0 k/ ^- G" G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# K9 Y5 Y# L; j, w2 c. X
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! l- O2 R1 U5 J) ]2 U( [% f9 m ]& r+ i S(3) No refund shall be granted under subsection (1) in respect of a claim unless5 q' A( e' T8 }( t' c6 u- R
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 x5 s# b1 f: u
respect of which the claim is made or otherwise verify the reason for the claim; and
1 W1 `/ n- ]' {0 E(b) an application for the refund, including such evidence in support of the application as may be& o* W( e+ W: L
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 A3 d1 G' `4 ]( w: ~7 l7 K
prescribed information within/ t" X3 F5 ~4 @- g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
. `' S- j- C1 H( ~or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: V. Z) Z/ |6 ^9 @: A(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) |- _" G# m- l4 {! A& W8 Iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( r5 b( V- E" K3 M) f; o$ c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; z4 d/ S1 e2 p/ K
this Act as if it were a re-determination under paragraph 59(1)(a) if J& |4 b* m4 @6 i* L
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 @7 g) e9 i/ _9 I/ Q
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# `. t+ A4 T7 K
eligible for preferential tariff treatment under a free trade agreement; or! Y7 L" f2 L; E4 _8 x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 F- f9 ]7 B% b% i: M. D
because the origin, tariff classification or value for duty of the goods as claimed in the application is2 T- m% B4 z) M% B
incorrect.
% H. U2 ` y9 b, I8 ]8 {! }" W(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),' X/ P1 T; A' q# v
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* H$ r5 L0 G* ?& i6 N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
2 i0 X2 U; C3 gwere a re-determination under this Act of origin, tariff classification or value for duty." h4 Q, ~2 J; Q) D1 @ X5 a' T
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这到底是说可以还是不可以啊? |
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