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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
- f: W: ^# |) L上面说 非商业 进口 可以免关税?/ Y' U7 @; f7 z% Z: C: \
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# Z8 @, T# C: f; s6 S4 b, o: Uhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! v L! ^4 E4 P# n1 a* m
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* h7 e9 Y' p: _" z0 z# e. ~) CRefund Requests+ w% u- g2 [% j& V5 v# A
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 }5 E0 s8 d5 G2 H Ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& m, a" Z2 u: s, X
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 G! S3 W/ P: u g(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! h( V7 {4 x5 z% xCanada to the time of release;
$ \# R- h: g) z% j. d& _' ^8 r1 g7 @(b) the quantity released is less than the quantity in respect of which duties were paid;$ ?# U# F2 o# C+ ~1 T) R$ B- \+ R. y
(c) they are of a quality inferior to that in respect of which duties were paid;
$ d1 ~1 }4 B1 Z6 @* G: A(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( C& v( T5 F1 c& P" c0 p
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; G) v1 J' D }; M& x: A# _$ Xcase may be, was made in respect of those goods at the time they were accounted for under
n( ?7 ]* p0 N1 u8 K' r( xsubsection 32(1), (3) or (5);* c5 A6 }, q0 h6 A4 s
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 a) g; o+ Y' f% n6 M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* @3 P' g# J/ |$ b6 C* i
accounted for under subsection 32(1), (3) or (5);/ i3 ?2 ^+ C3 d% X7 f3 g4 l- v
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 R) W1 i! L6 V) U/ _& D: [(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
! z7 m+ o; Q! A% }2 Y0 Tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 @1 `% Y4 O! r/ |
value for duty in respect of the goods and the determination has not been the subject of a decision
, F+ e' X8 B2 ~& u- Aunder any of sections 59 to 61;
0 y) U; I: i9 Q" p( f; q' n8 g(f) [not applicable to non-commercial goods]; G3 w; G* J, ~6 P1 @ @
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) W E5 l: \8 M B( P, D* N- f(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 N0 s3 s4 O% I5 D) r
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( S _3 a# `( ~) c& _& M- {
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).2 B: l4 D3 T5 _. F9 W
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- f$ J* A5 s7 d: B- \
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 }* D% U! [8 V2 s E3 z8 n7 b
(3) No refund shall be granted under subsection (1) in respect of a claim unless
# I# j6 A# s* b% C5 t(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
2 D- v# Y$ v0 o6 orespect of which the claim is made or otherwise verify the reason for the claim; and
' ^3 p% Y8 Z. v2 [- h; R$ n(b) an application for the refund, including such evidence in support of the application as may be
4 F4 G5 y1 k1 X0 L! nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- i4 z2 }4 K5 ~8 |" nprescribed information within0 s: }6 ?) H5 K# J' l3 C
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* o1 L9 ]. ]% b' ?) k3 f
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ [& t7 s3 r( S
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* v% _+ u/ I& W3 \% f5 _- Ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: Z* w' z `4 ]/ k' o# g9 f% E, F
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: e- S: b3 `: D& T% P9 mthis Act as if it were a re-determination under paragraph 59(1)(a) if
6 i: ]" F6 y) v/ ~' A3 o% w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
_7 o* ?6 D6 }4 T9 j1 c* J! jbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ W r% w$ d$ _# a8 F i& X! U# `eligible for preferential tariff treatment under a free trade agreement; or
2 N2 ~0 J8 G& `4 e(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 u. g+ {3 {8 _3 s- l. ?; V
because the origin, tariff classification or value for duty of the goods as claimed in the application is3 A% x- _* t0 S
incorrect.2 Z9 z* i. r5 k1 B2 {8 q9 d5 \
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* E! e+ L! O3 I& k+ V5 \* N
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground z O" S3 |1 r9 f8 _: ~) R$ w
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 v5 J" z! x6 G6 c! j+ F8 awere a re-determination under this Act of origin, tariff classification or value for duty.% i5 O% L5 g& p* v+ k2 I
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