 鲜花( 2)  鸡蛋( 0)
|
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
2 l9 t6 A! x0 p& r) S上面说 非商业 进口 可以免关税?
! E. x" D6 F* E" N, P' B! K( p$ O; z( s) K% N+ w, P
% ^+ t* a# z8 z8 n
* y7 J5 Z' w3 b
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
4 N4 l/ P" }0 m7 P1 R
. d8 }7 O& H3 [% C0 c1 r+ S# ~; |! H6 g
Refund Requests
- c. A- _7 q) E; `& d3 t4 ]74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
+ ]# u' u) P8 n" Jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# l6 x0 A% S9 z% M
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( e4 \5 J+ S, [(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' O, j, Q! y$ v% F4 G
Canada to the time of release;7 D* s7 h# v( i I0 o( d& Y
(b) the quantity released is less than the quantity in respect of which duties were paid;4 t4 m2 }9 J& ?9 j" Y1 H
(c) they are of a quality inferior to that in respect of which duties were paid;
- I* P9 S1 v) k' ](c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) C0 T0 E w8 w0 otariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 C+ G, T6 M) {* q1 v* n, vcase may be, was made in respect of those goods at the time they were accounted for under1 R; v" b; i/ G1 f3 X/ V
subsection 32(1), (3) or (5);" V) V9 Q2 p1 X2 ?7 p# _/ X) L. z
3
; V" J5 c9 y4 l; A" C. c; A(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
+ l9 Z. R; m" ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 v8 I6 e; N* ?* B& paccounted for under subsection 32(1), (3) or (5);, P1 z- s6 ?) L! W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;: M% v5 q- W1 ?' s% f
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ n' n* |0 ?2 r: ^: u* M
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 X2 m) Q4 [# i$ m, a
value for duty in respect of the goods and the determination has not been the subject of a decision6 X) Q3 x. P, R! A" S7 X9 p0 Z
under any of sections 59 to 61; y$ g5 t% o, y- C. `8 a1 I, e# i% x, Q: G
(f) [not applicable to non-commercial goods];+ b1 p' j5 B5 q0 S; `+ n
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( L5 ~' {$ Y; l$ P+ s+ L" R(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, i( J! K7 R' ?6 j* Ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 K; i% m7 H+ h' p5 E6 Q c% m3 X
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( a* N6 V$ i1 D(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 K1 T) T0 f' ^4 Z, [8 l+ lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 I# |2 j$ w; c; H7 k# O) o1 j8 ]
(3) No refund shall be granted under subsection (1) in respect of a claim unless
_% ]* h; U) g4 s- v3 k% X, X(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 `6 X5 o. z1 c$ J8 E" H
respect of which the claim is made or otherwise verify the reason for the claim; and% @" J& l' `9 j7 l q- n
(b) an application for the refund, including such evidence in support of the application as may be" _. Z! Z0 r: g# w1 x) A
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
3 D K9 k0 o6 W7 U4 B" N+ fprescribed information within Q0 F/ H# \0 S! `
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ r F: P) B' kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 u: p4 i7 s3 I% t N* @(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" R; b. y7 B% m' h# F& ~were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: u* G! O" @) G# |; H# q l
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( x; S* i$ Z: n. I7 ~this Act as if it were a re-determination under paragraph 59(1)(a) if
" [' H Z! S; g4 ?' N7 A/ V" x(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 A# J. m+ T/ B; r
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ R0 u2 Q" I# Z x
eligible for preferential tariff treatment under a free trade agreement; or) L/ w/ W! L! G9 B$ p+ @) K
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% P" M0 \" I7 ]2 xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
v) h9 Z r) O7 o* G7 S- kincorrect.; L, J3 r) h7 U+ ^
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* s5 \9 o; P/ H) b4 r- V# B# f, F* P(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' I% k7 w: D4 X" W+ ?! M8 O$ S
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 l) X! i% K; I, J: z; v4 O: Iwere a re-determination under this Act of origin, tariff classification or value for duty.
" k' f" w. E( a3 F% j x7 S2 C6 U) N; r" @4 I* u
这到底是说可以还是不可以啊? |
|