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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 F9 W7 |9 u( K) I5 \% p' O3 Q
上面说 非商业 进口 可以免关税?+ v- C s/ t% @1 m
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; f3 j' N- \2 c5 T9 Q/ Khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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7 V" m7 Q4 ?' Y2 t2 v1 aRefund Requests
5 I- r! w- z+ Z! H9 S1 f- r- v) h6 C7 i74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 N$ x& l; \) e; rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- b: P: T/ L3 H3 hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if. J3 }8 q2 N* Y0 `5 J! z, E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 f% P4 {) K" _
Canada to the time of release;
, m3 u# ]) m, f3 a, T; m2 A(b) the quantity released is less than the quantity in respect of which duties were paid;0 O5 j* {* L# a) }
(c) they are of a quality inferior to that in respect of which duties were paid;
9 s* s: d* g/ [: R(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) W9 p1 U; V% B3 q( T. e* Ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 X. _+ G6 v$ ?case may be, was made in respect of those goods at the time they were accounted for under
. r5 ~/ T* v" j/ j1 _: W- P8 H5 ]subsection 32(1), (3) or (5);
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7 D1 u% n. n9 Q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. I* q( b u& Z! k6 P$ hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) \/ R* w: T/ g( A, f3 O0 I$ {accounted for under subsection 32(1), (3) or (5);: u: |) ]" ?: h" {6 a
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. T9 g" r6 o- q0 V. p. W(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 v" Z# Y! N% z. C2 m2 @of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& R+ j$ M3 S# V
value for duty in respect of the goods and the determination has not been the subject of a decision; s- g/ e$ a" K3 ]
under any of sections 59 to 61;7 k/ v& C7 }( X" f) ^5 ^& v
(f) [not applicable to non-commercial goods];
! z9 V" L! T3 B+ i3 R(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; }5 G G1 G: G# X6 T9 a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ k; ~) n- ]/ U9 m% _) i- @
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! U- T4 x9 f& ^0 D1 ?- l$ pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' Y& p; ^' Z+ n8 B6 ]" Z
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 W* u, ]+ u0 A& A- P# xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
" a8 v: D+ m$ B+ o$ l E(3) No refund shall be granted under subsection (1) in respect of a claim unless8 q2 R5 {2 h F5 s8 v* p4 X" F
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% h) a3 U O( m, m& m0 D
respect of which the claim is made or otherwise verify the reason for the claim; and
2 s H2 _4 I; s(b) an application for the refund, including such evidence in support of the application as may be; a) Y! I6 F- {: m7 F! s- O) Q- I
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ {9 K) G; j* d8 N# f% k y2 n3 pprescribed information within% Q7 ^& l9 B9 g: a2 \5 |! ?
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# K6 }/ O, F# s2 r
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. V! j D- U( c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. A: k1 ?! t& ?( ~' Z1 U
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 i' I8 C* o0 S0 W7 K
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 _' }4 p# s# Q9 p' nthis Act as if it were a re-determination under paragraph 59(1)(a) if
8 I% W7 J N8 q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 O3 }# w; b8 l- x6 `9 j
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* M; y6 q' C, X
eligible for preferential tariff treatment under a free trade agreement; or6 d! D5 v: [/ j5 Q0 |8 b* Z' U
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- _ k4 U4 Q6 V9 V) }
because the origin, tariff classification or value for duty of the goods as claimed in the application is: ?" {' ]$ _# X5 t+ [! ~
incorrect.
* }, O* O4 x; v9 i7 p4 n2 F5 K(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ q( o/ V) h8 P, I(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 ^/ q( J, G' k v! d1 f
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ J( X0 o: H$ d0 ]3 m" u( J( Twere a re-determination under this Act of origin, tariff classification or value for duty. Q! {* r+ o; V' p
. E+ ]+ w$ k# W% e这到底是说可以还是不可以啊? |
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