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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! [, y1 I4 l" A; e! R上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
. ^) A& |4 S* I! U& k5 C+ T( U74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% K. ~& _* [ L$ a& w) U% M7 {8 F' H
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) R8 l8 `* U1 s; Qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 |: V: y, H* z3 C/ N
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 x" m; p8 A1 \9 v/ l
Canada to the time of release;
6 L v- i$ e* G(b) the quantity released is less than the quantity in respect of which duties were paid;
6 x ]: U# n6 B6 A(c) they are of a quality inferior to that in respect of which duties were paid;8 D5 [# A. X: {2 |6 x. N
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 G: i0 M7 m& O9 ], vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; f% L# w3 ?3 D B2 @) X. v
case may be, was made in respect of those goods at the time they were accounted for under
7 L9 O/ ^8 } M0 b2 D$ Dsubsection 32(1), (3) or (5);5 O1 |7 H: e7 `; ~8 n# W. i
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& l% e2 m3 i2 X
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* ~3 ] G) \7 D' @0 Eaccounted for under subsection 32(1), (3) or (5);
6 D) R* N# Q2 l; j; a(d) the calculation of duties owing was based on a clerical, typographical or similar error;; \+ f2 k, l. p3 ]7 J$ b/ v9 Z% I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ P+ p. M7 z' b, u% J2 b: Y9 Aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or3 e M3 l" o2 W8 d
value for duty in respect of the goods and the determination has not been the subject of a decision
o8 b' [0 c* X( E2 l* kunder any of sections 59 to 61;/ ^9 A) c z2 r% B) d
(f) [not applicable to non-commercial goods];$ F6 {' L' J1 y9 ]1 n
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, u- B" ^ f5 ~9 q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ M6 v m f; t5 ]/ x; r& F
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" h9 k8 U) T- f; O1 T. Q- W z( ?" lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 S, c G" M" [(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
& H+ n& h6 W+ h, D2 i3 S' Qunless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 l# T1 \! g$ ^5 N! F4 x
(3) No refund shall be granted under subsection (1) in respect of a claim unless! y' _& ?* c& \8 j; v w
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) I$ O4 h5 `# u9 ^( X6 G: mrespect of which the claim is made or otherwise verify the reason for the claim; and
( x7 W! c5 F: @& q(b) an application for the refund, including such evidence in support of the application as may be1 D% }8 a/ L' m0 z/ F; g
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, ~' g1 n- b" ]
prescribed information within
( r+ w1 q. T7 P6 `2 A$ r4 R(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) M: q) K9 Y2 K
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 g; y' K4 N4 V0 d# h7 D; Q4 t
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: e' I; u! T: f- s% x) U4 pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
S. [* j& [9 c9 i# z/ ~(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; t+ T' c6 B/ S4 `" ?) ~% W) u& sthis Act as if it were a re-determination under paragraph 59(1)(a) if" Z7 A, b. K6 e) G; o, Y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 @ ?; ?' h. u; d5 abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 L2 M' u2 j, C& V: l0 j7 q4 o
eligible for preferential tariff treatment under a free trade agreement; or3 L3 ]( C% ?' Q; ^5 H/ W1 {2 J6 v
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 J4 i, T8 r) e9 a6 A& g6 e0 Dbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
: \ C9 M& x6 K5 \- Z! P% T' Mincorrect.
9 @4 X' r0 c; U(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; y6 }. ]6 A/ l% M t& E
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' l5 { K: `8 T9 r1 N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% {* S; c2 N; w f2 v$ \, ~7 zwere a re-determination under this Act of origin, tariff classification or value for duty.
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: |4 v" [2 C& `; [* G! I这到底是说可以还是不可以啊? |
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