 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# C$ v0 n( c! F: R( U; U上面说 非商业 进口 可以免关税?
/ g4 V( M& Z+ i/ h$ ]+ [& v6 G s8 L
6 u \" \4 i: Y& B& x* K; G0 w" ^1 m6 q9 x
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
& a, ^1 h5 h) G$ R
# x7 L2 T" m4 F8 i. O1 }" D# I' H( Y6 U1 I
Refund Requests
3 @* O* \! k3 z R74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. B" H" K! d3 E* U4 |) q7 \0 o
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ C' r9 V8 A! {- c0 B
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 s+ |1 V/ A' o K6 h
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 J# u, H0 \7 m/ ACanada to the time of release;
3 m6 @ I [' N6 ~(b) the quantity released is less than the quantity in respect of which duties were paid;
: t8 ?/ i @; w, G( e(c) they are of a quality inferior to that in respect of which duties were paid;* N1 s- c9 y0 B0 ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; h7 L+ g) e! ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- O3 t7 E7 d# d) v0 M* i; ?case may be, was made in respect of those goods at the time they were accounted for under' t# Y6 Y& Z$ w4 F4 t, V& M: ~
subsection 32(1), (3) or (5);7 I5 R% n$ E, B
3
* i0 l$ n/ D3 _" u(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 ^5 i9 Z1 Z/ ?8 T& zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 m2 m+ Q) C1 K3 J7 K, _accounted for under subsection 32(1), (3) or (5);5 B) A. p7 i. t$ B5 C% z% x* \) R* f9 Z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 \7 w8 q. \: o& ~(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" _9 z, h6 D" M/ P
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or X1 w( x0 I) r+ d+ ^7 s) R* S
value for duty in respect of the goods and the determination has not been the subject of a decision ~% v! w; s! C
under any of sections 59 to 61;
4 M8 G1 H# k/ B. Q. B7 c(f) [not applicable to non-commercial goods];
8 d7 S! z. b1 |(g) the duties were overpaid or paid in error for any reason that may be prescribed. Y9 i8 _7 b8 B1 r) F0 K8 q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 q. @2 h; S9 c' F0 i
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) j0 \' @8 C v9 z6 G+ Q7 Jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% W6 P! D4 D" U* V7 P: W( n; ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) l! D8 L$ S8 q( m8 v& U( @
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 {4 | g: L; a! r; U3 e(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 a! L5 ?- g' h; I# [(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 y1 t* ^- B8 G2 L% |3 X$ mrespect of which the claim is made or otherwise verify the reason for the claim; and* M, K& {: X# n
(b) an application for the refund, including such evidence in support of the application as may be
/ a$ F6 Q# @/ b8 A$ x' h% [4 K1 ^prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 D1 J. o% ~# K K
prescribed information within
" m, _" V5 d& q7 a; E(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 W( I9 b+ L" \8 w2 p' S
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- r0 K! Q) ~# e' [7 G2 w$ f; D
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; T- X4 Z: E7 _, @3 t) l
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% ~- z* s7 c' ^6 [% ~& y9 ~
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of5 E/ B4 w( Z7 ~1 D- F$ c5 p* T
this Act as if it were a re-determination under paragraph 59(1)(a) if {: J1 Y; k5 A/ \% J5 F1 I
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
5 R4 a6 ^+ V# [* S# r( }because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not7 Q8 ~4 T1 k2 [" }
eligible for preferential tariff treatment under a free trade agreement; or( J: h" C8 s, c$ j. ?
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% c1 d" T3 L2 o6 ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is
9 ^3 x1 M( A: \incorrect.
! f" Q; t' t) o+ c4 V6 ^' _* v) N(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
% }1 [4 d& Q% |% E(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# D+ O2 ?9 Y( i! f" W/ Q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% r0 \8 G$ p4 L
were a re-determination under this Act of origin, tariff classification or value for duty.
4 A0 Y H# F5 I( N' S M
# s7 g" f3 P( [; Z0 O# q这到底是说可以还是不可以啊? |
|