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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! H. p( [ M, u$ N9 ^7 Z+ U
上面说 非商业 进口 可以免关税?5 |$ a+ G9 m: a5 k! X4 `
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
- m, F5 }3 p# w1 X+ }% X74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) f4 p1 i6 Y- _, o% r, \! e1 M1 ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 D% r6 k, K# _* e; C3 Dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if1 [; A O9 [( A u
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! U% Y. E. H7 p: x+ n7 Z: P% ^- g
Canada to the time of release;
) a; Y% y" c' w) K0 U(b) the quantity released is less than the quantity in respect of which duties were paid;+ F Q* E. ~1 @- _5 N+ Q6 Z9 [ Y1 t) \5 o
(c) they are of a quality inferior to that in respect of which duties were paid;
8 M: F5 m h A' U- z+ A: I(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
2 p5 {! D1 d) @. ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" p8 L- N6 x4 L+ o7 @8 M
case may be, was made in respect of those goods at the time they were accounted for under' s) j! R; ]; |0 i
subsection 32(1), (3) or (5);1 U7 Z3 E, U; i0 B* i, c
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
/ Q$ u# [& N" Upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% \( b+ y5 k f# J% n! c( @accounted for under subsection 32(1), (3) or (5);7 d4 A: W& w. q4 o2 `/ u
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# Y7 Q9 x+ z' |( r% w4 o(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 h2 b5 } c' g; c$ C5 m/ rof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or3 y! U& F# V( o+ p! n0 _. }
value for duty in respect of the goods and the determination has not been the subject of a decision
6 _# M' K+ ~* c" eunder any of sections 59 to 61;' O/ D+ `: X; s1 P
(f) [not applicable to non-commercial goods];
4 |7 T3 `9 U$ X9 s! J(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 K4 Z8 H+ B8 j# M) t+ a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, |2 J; j; r* Xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 h1 }2 p6 }- P' k6 w# V. ?
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, ?0 x/ Y1 [: o& c* ~1 m(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim/ n. a V+ `1 Z O1 t
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 P* N2 l& @( Z `& R
(3) No refund shall be granted under subsection (1) in respect of a claim unless7 G0 U3 ]* }) H2 W( r9 B
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ [% D6 m Z" ]& Q$ c; vrespect of which the claim is made or otherwise verify the reason for the claim; and2 _5 ^% s0 R% P" D8 }7 y1 V
(b) an application for the refund, including such evidence in support of the application as may be
$ ^' \' }" @( a5 ~; gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 r3 P; n# }& Z
prescribed information within; g" a l% k7 T$ ?0 ]
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
: {% j$ ~3 h: Q6 f* A, Bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% a7 G) Y5 x+ |. T" t) ?9 u' R
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, A7 g( {% C) R$ U: kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! a* E# ^/ `5 E; }. m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of X8 x- z, o" i7 D
this Act as if it were a re-determination under paragraph 59(1)(a) if
, B7 X" C+ K$ F+ L, N(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ N& T1 K R( R, m; c
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
( |; d4 D' J/ z. n8 J# peligible for preferential tariff treatment under a free trade agreement; or' T0 ~- X/ ]( ]' f# G
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 b f# R4 y. J6 _because the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
# I4 e _9 Y/ w9 e# d(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! b/ Y3 X" n+ }other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ p4 o! a8 H- N( Dwere a re-determination under this Act of origin, tariff classification or value for duty.
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0 @% G& a! [/ o5 r这到底是说可以还是不可以啊? |
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