 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 f; t4 a- G& E* u. ~. V/ h8 W7 j上面说 非商业 进口 可以免关税?
- R1 j9 b( `( C) g6 W6 b+ H
) F1 T' |* h$ i6 ~% p: {; Z: z% g/ X; z2 n" O
/ w5 D/ S; n# _& y6 Chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf# s# R% p0 O$ i8 v8 [( i- Q/ o
+ O2 W! ?5 {! n. t% h/ \6 t/ g- k. O$ f1 u! C; D! A
Refund Requests" P) a2 w( A* M% Z1 a" I. a; h
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% Z' m$ L" _: I+ ]paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. P9 i/ T/ M: e Z. N
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 n+ T4 f( }' a: b. R4 }! ^3 j(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; X, _9 ]( Q: s9 T2 X/ j, `Canada to the time of release;) ]6 W/ U$ G. x* }$ e: U5 W4 s
(b) the quantity released is less than the quantity in respect of which duties were paid;
- [2 w1 R$ m* K(c) they are of a quality inferior to that in respect of which duties were paid;( g8 N; t8 F& T9 {1 `: p
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) s& M& Y" k _- i: H! Q2 n$ }5 z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) c. I% i6 h& q1 J6 A
case may be, was made in respect of those goods at the time they were accounted for under
& \! L3 M% W6 @& msubsection 32(1), (3) or (5);
/ ?( _. {2 V0 X; N, E3
$ ]1 |/ i% h) @* |, ?(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 `: R& w2 i8 P2 H
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are1 n$ j7 }3 G* |# p$ m' e
accounted for under subsection 32(1), (3) or (5);
/ x; c! i6 l3 L. R1 v(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 P7 `- D' c1 ?$ y) ?- o1 C! ](e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 ^9 ?. \) j6 V0 B) P4 Rof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ k- p; ^ @: i6 m0 J J( ]value for duty in respect of the goods and the determination has not been the subject of a decision" H. P8 Z6 y1 {
under any of sections 59 to 61;
* e. z1 X& P+ l, t6 _8 c(f) [not applicable to non-commercial goods];( k% d' w( h i4 J6 n5 L
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ O; g& S' c/ j, a: d; \
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 F; h4 S0 D+ t, E9 L& B1 |. |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, F/ n2 E/ b( z4 p9 Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# ^3 K; Z* v: p1 ~1 h
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
( g5 x& Z1 R3 L$ k8 e# runless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ r% b! @7 C3 D, F% H4 S(3) No refund shall be granted under subsection (1) in respect of a claim unless
5 x Z/ n' q% V(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. X2 v) {8 G/ ?respect of which the claim is made or otherwise verify the reason for the claim; and
`9 _% \* H, x3 w(b) an application for the refund, including such evidence in support of the application as may be
5 H. ^5 ~8 @" o6 @prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 x" Q( n& j5 K- r
prescribed information within
$ G4 v0 L( I [% B(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# N! C6 b, A2 a. I. N/ s, ?or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) ~- W/ L- F& U(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; t9 m% F2 W* g# Awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 _* Y% C+ i) o. m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% N$ C' U. L1 w7 q
this Act as if it were a re-determination under paragraph 59(1)(a) if3 y% o% V5 {# A
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" U5 R7 M2 T* c' Zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ g6 n7 a" G1 Y8 _, Religible for preferential tariff treatment under a free trade agreement; or0 Y! R* I7 U1 c) \
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 `5 s! P6 @+ P' [0 p, `' Hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
: q6 x+ L+ \0 S& F# Y9 Gincorrect.
# {2 n* r6 ]; \3 n4 j(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 h: M; M9 Y" u! ~4 h
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& q( c! A, L8 N# \- O9 Pother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 I0 o/ i, u) v2 |were a re-determination under this Act of origin, tariff classification or value for duty.) U+ e5 Q9 w$ g- X
% P |8 y7 V9 P5 R2 a& H) ?
这到底是说可以还是不可以啊? |
|