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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
2 h& ^% R7 Q. b( C# \/ ~上面说 非商业 进口 可以免关税?7 ^6 f, ^; k8 G3 K- X
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1 _' ]/ X. C' ?6 q1 M x% zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, k+ b! A9 t$ {; x/ C5 M
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Refund Requests0 }0 i# e ^' a" K8 `
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 R1 z& d# {7 q" v& spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" K D) E! x5 qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 ~% ^& H" L* f. J+ X4 m, p1 T+ W(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& n- M% y/ J. P! S6 W* C9 w' c. fCanada to the time of release;8 O( l5 t7 Z& A; Q
(b) the quantity released is less than the quantity in respect of which duties were paid; v5 S# [7 |# ^( ^. H
(c) they are of a quality inferior to that in respect of which duties were paid;) U( W, v" k' D) m) X7 O, O3 j
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% _2 A# B& _: Y& g/ C
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ W% w; C7 h0 z7 \& ?+ w
case may be, was made in respect of those goods at the time they were accounted for under
% F; q+ ~5 p; Y/ L+ {0 {( Jsubsection 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
8 u: O/ @. [: i5 v% fpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 Y. g9 E0 y* g! E1 k( |accounted for under subsection 32(1), (3) or (5);
$ t% Q6 [$ j) C$ l(d) the calculation of duties owing was based on a clerical, typographical or similar error;( H1 q- `! O. }3 o# i2 w
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' \- x+ U' K! [& Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or: [( E P' a+ g7 L& v
value for duty in respect of the goods and the determination has not been the subject of a decision/ ~1 s) j4 h: o
under any of sections 59 to 61;2 @9 |" t# c9 H0 l: o& y8 C
(f) [not applicable to non-commercial goods];
7 {3 f6 `" X' z(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 n! U, s) r& S
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! u! }0 X& X" I8 |! ?) J/ T' `on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) [# l& Z3 v v4 Y6 h3 O* [this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: e2 G- x% s7 _0 Q W$ X( W(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 K p' l8 c* M) V5 |
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.; y; k' ? J' N$ R4 p6 l
(3) No refund shall be granted under subsection (1) in respect of a claim unless3 T0 i: E/ S8 z2 }( }! ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 H: P3 l$ \- H% E4 g" trespect of which the claim is made or otherwise verify the reason for the claim; and
* n0 l3 |- m9 V" I" [2 T(b) an application for the refund, including such evidence in support of the application as may be# M$ z- e* ^5 B! x& u" ?6 O' z4 w
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 Y: @/ x# f- {# ?. gprescribed information within1 [, {5 _& x2 B8 H. c
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) ^6 n! l+ D% G# r" [0 B/ g0 J wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' T* }5 |% `, O, S5 d% n8 i' b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 N- K( u, w6 A, h6 J# F0 N$ X6 s
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; R. ]6 Z: q( x: L9 V" R(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: t6 L! b8 M# j0 W1 Y
this Act as if it were a re-determination under paragraph 59(1)(a) if! e; e7 } ?+ a3 H. A" _
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
f$ r: K' ~% e5 V, t/ ]because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) ?. y0 i/ L2 G0 s/ \eligible for preferential tariff treatment under a free trade agreement; or
/ _6 ~, K7 j* p, [, f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: f& O# ]5 Z9 I+ q7 ]because the origin, tariff classification or value for duty of the goods as claimed in the application is, w% W/ k/ Q1 a$ {" I& F. l
incorrect.3 }5 U6 H; X$ k' h) H) G
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- R$ h8 \+ U6 K' D. ~* q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% l, N: w* @) C5 z Eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. Y$ S& U2 C: a4 r: I
were a re-determination under this Act of origin, tariff classification or value for duty.0 k$ N- [( J* R5 g3 L3 w+ Q
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这到底是说可以还是不可以啊? |
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