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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- v5 y5 R. e' i4 q
上面说 非商业 进口 可以免关税?8 i; d- G2 a- P8 m
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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8 E- s! C9 y* K$ VRefund Requests& o7 k: \; p# \, h( X3 u" {
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( m8 N/ i x5 u* O( M; cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 n8 O6 e; A" h8 dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ s7 s7 h2 a- g, i(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
?, L) @$ x9 xCanada to the time of release;& ]) Q8 i% G( z8 `
(b) the quantity released is less than the quantity in respect of which duties were paid;
4 o! N) J( z2 `$ {8 M(c) they are of a quality inferior to that in respect of which duties were paid;& \% p9 B* P% o
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ J0 l9 x: l+ k- X/ Vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" @+ m3 k/ h9 s4 \+ i: Y8 i1 L3 Acase may be, was made in respect of those goods at the time they were accounted for under: O# p4 h. h8 e
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ z+ T1 s1 \+ t
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
( R4 E4 W. ?5 I7 y1 Q0 M* `4 kaccounted for under subsection 32(1), (3) or (5);
/ R) c/ Z- S- _% B; d/ N/ v(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 ^; V; w4 a+ Z# t5 f
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). {* q. P' }( C. E
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ J" l! w5 N, B/ z/ D$ r5 bvalue for duty in respect of the goods and the determination has not been the subject of a decision+ n$ v3 h: h! t( R; h
under any of sections 59 to 61;$ A# ] x* Y' d7 ^
(f) [not applicable to non-commercial goods];
' w1 W$ Y. \- Y; x(g) the duties were overpaid or paid in error for any reason that may be prescribed.- C1 C! p/ T" o2 o q1 c6 {
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) t/ c# n0 H. u) B' J4 }
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 k! N& L1 p; N+ }7 L- l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# w0 Q1 `: w9 a' o6 j
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 V; Y7 ], g* xunless written notice of the claim and the reason for it is given to an officer within the prescribed time. ~1 [0 L" m- B6 A& }2 P
(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 e8 s8 m- j: \: t8 I' J0 q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( ]) ?2 r6 \& v% j2 S _respect of which the claim is made or otherwise verify the reason for the claim; and
1 B3 n# q X0 W: O7 E(b) an application for the refund, including such evidence in support of the application as may be
. H* r' k! C( C! Y$ B- n; j* e, qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ Q3 e5 w/ l3 hprescribed information within' j1 G, f, @! g" k n N2 p
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 G5 g) C: `# b9 R+ s" }, W
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 p9 i8 B: s/ }(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' B( a; j0 R4 `5 c4 l& Owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' z! n/ ?, G5 H, G( D/ z/ A. \6 x
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of( j2 C% @3 V9 N
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ G4 I, R U" b- x' I1 t0 u3 p(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( L+ m( D# I ^2 Hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ x% `0 Y4 @$ Y/ O" N
eligible for preferential tariff treatment under a free trade agreement; or
5 u: t* e' h! P3 G+ x' r$ m. L/ A(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 T. {, |* H/ p/ J
because the origin, tariff classification or value for duty of the goods as claimed in the application is C0 C& W! P4 }3 m) V [1 Z! e7 v
incorrect.
+ J& k# j/ d5 }5 U# l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, r* r0 B! e. n+ j
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ r8 @( a" G: n: tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 u( @: N3 _/ T0 N( X b9 p! j& zwere a re-determination under this Act of origin, tariff classification or value for duty.2 y2 q8 s8 k9 Y b# ?9 z
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这到底是说可以还是不可以啊? |
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