 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations/ I5 T' z* B1 ~
上面说 非商业 进口 可以免关税?1 q; i/ u; Y2 P4 V$ J! k
# }2 W* W* L, F: U2 c0 Q: X; T6 Q$ _% g( m& ] r
9 V+ ^* L5 s* D! nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
2 M5 G3 C6 j$ G, H, t( X4 d5 a7 M( C& v) o& o/ y }3 ~
5 I( w! k2 [3 ~/ E% t1 B# s/ |
Refund Requests
/ J: I) W; Q9 e0 W" Z) ?74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 I! Z, {, C3 q0 G3 ]% O' s7 f6 Upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 l# U( _! I6 b* ~4 H6 |of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. H4 s3 M$ b2 @# k' |3 g(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: _# c( q% ?( `! p8 y* T* m1 W/ W. oCanada to the time of release;
- I& B b7 [+ o, o; m$ ~(b) the quantity released is less than the quantity in respect of which duties were paid;# j8 q" H4 c" C5 E) k+ P" p
(c) they are of a quality inferior to that in respect of which duties were paid;1 m# K7 T, ^' i: {1 T4 @# E; X2 H
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ X, f3 P3 D% D( D+ H, p
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 M) k5 h6 {3 p2 m' o7 g% V" x9 W
case may be, was made in respect of those goods at the time they were accounted for under p5 H4 V9 K, G) U2 N
subsection 32(1), (3) or (5);3 k# A7 J& Z+ l4 T m5 L2 E; |
3
) L; W$ m+ E5 @& r* ^, I: s(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 E9 \! V9 m. a
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are% d5 C( q4 c$ m4 ?7 R
accounted for under subsection 32(1), (3) or (5);9 L: Z3 R- q+ ?( k; l
(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ u4 F$ D }& t4 R6 ]1 ?* |$ Q7 I, _
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' Q3 l: O3 |0 K8 a6 S9 i8 wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( V' [5 H- e# j2 { {7 Z
value for duty in respect of the goods and the determination has not been the subject of a decision
7 f6 t+ `' I6 e2 Wunder any of sections 59 to 61;
( d1 O- Q: d4 ~8 K4 ^8 ^(f) [not applicable to non-commercial goods];3 b$ R* `" u. z- O# c3 S% v; K( ^ x
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 m" l8 x6 ?- ?: q% l+ w(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' H) \6 L. x, z" P" z- l
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" ]: G2 o" O; `/ x% h/ Q. p+ }this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ W5 v& @" y. }& T+ _
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: r+ @: b: F$ q# h+ z, y% W* kunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
" Y! X) y9 I, x: P7 [(3) No refund shall be granted under subsection (1) in respect of a claim unless% R6 X* h" ^2 V+ g0 ]
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& k& b5 _: ]/ q* z, ^4 zrespect of which the claim is made or otherwise verify the reason for the claim; and
y+ B1 ?6 n z& e(b) an application for the refund, including such evidence in support of the application as may be5 Y, I4 x& ^! T9 @5 x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( o3 h# B7 S, ?: n
prescribed information within
3 @; W! k. Z0 U/ G- T' }4 x(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& x& r9 a) h ^( t/ o. Eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and# \5 A' F% b' c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 T9 Y4 G' u3 w: w hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) }0 L7 _/ |. a$ C' R+ g( g
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& \$ D3 G$ B6 R) E) F) c [
this Act as if it were a re-determination under paragraph 59(1)(a) if
7 V8 e4 N4 f# [. Z% _% V(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# a9 s# F9 } z% p3 H! z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 S9 V i" l. Z% L7 y8 ~eligible for preferential tariff treatment under a free trade agreement; or# c+ P0 N( P' o' ^+ P b% T/ d! j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% b' u: z! {, G4 S3 k- I) Q8 m/ M
because the origin, tariff classification or value for duty of the goods as claimed in the application is
" R: d5 Q! l/ lincorrect.9 G" U' `* j/ V3 u
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 D# V$ e+ a5 }$ o7 E7 r0 D: X
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' c, L5 h2 h4 h/ B8 n. q1 T# Mother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ y. k& e) Z3 A% p; g
were a re-determination under this Act of origin, tariff classification or value for duty., s. f, A) B* a P2 i/ {3 F
9 t `' [: @7 ]9 \. G: R' |% w这到底是说可以还是不可以啊? |
|