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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 n9 F3 o A% d$ E; |- |* ^. n
上面说 非商业 进口 可以免关税?* w. V4 @7 O& ?. }( e
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9 K3 i/ j# m& O, xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 x+ H- c! ? @3 e! T" G2 P
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Refund Requests
2 E% _8 k: T% Z' l0 O& i& ?74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 ^* n& r* g( k$ i; |0 A4 p. Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" u9 Z1 t* H9 @, W5 }
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
7 L! a8 @& H! r( R' d(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 q. R- u" b! n1 t1 OCanada to the time of release;7 t0 B4 ~8 `: T, r* o
(b) the quantity released is less than the quantity in respect of which duties were paid;( r, `- x( k& z& }! y
(c) they are of a quality inferior to that in respect of which duties were paid;+ `) c) N2 v- y! Q1 L8 Y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 l$ `# ~$ ?* _/ Z. Y, [* y8 etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 ?3 ?" ]- W3 I+ U: P6 c5 S3 ?. S! D
case may be, was made in respect of those goods at the time they were accounted for under# c0 Q6 u' S' x, u. p, k" S
subsection 32(1), (3) or (5);- X. L& ~" K2 v! k7 {
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 m) R4 i, C+ V; A4 S. ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 g2 Y+ ~3 {/ N+ Kaccounted for under subsection 32(1), (3) or (5);/ n* r$ v1 q) E* H. n8 Z" ^
(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 Y+ U' r/ c% W U( D5 V% }
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2): W) } {4 i9 c: w+ B+ m
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 W2 B5 v- w* f5 Hvalue for duty in respect of the goods and the determination has not been the subject of a decision& P# D+ N1 S$ {
under any of sections 59 to 61;
! b# e% {& W' i7 ?(f) [not applicable to non-commercial goods];; q5 S) t. z! |9 Z! A* {6 n
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( t; ^3 g" E3 q$ n) x, T! ]& e(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based& h9 h0 e4 J# h
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; u9 `) A0 w% N0 l dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* W: u5 V/ O+ j1 e4 k6 f1 S(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ q1 }& y5 D8 @/ v8 runless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# u5 n2 ?2 r% Y/ |& S(3) No refund shall be granted under subsection (1) in respect of a claim unless
, d2 `1 x3 e" W- I, ^4 ?. ~1 {7 r# P4 }(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 ? z$ ]8 C- I ~& ~
respect of which the claim is made or otherwise verify the reason for the claim; and% O! }3 Q: J- r7 N# m: ]
(b) an application for the refund, including such evidence in support of the application as may be& d4 w3 g3 w9 `" Y7 `9 D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, D. d. u& V" ?8 \7 o! N
prescribed information within
: c1 r& @5 f0 P(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 R$ |9 m. G% c8 `4 e) @5 z j( j
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. N, D, u T/ s/ j$ ]& I(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; D; \# o) C) r) X2 h$ O+ l& o. u# r- o% K
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% x+ p( B* ~+ T, U) D(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( F0 A: S6 R2 Sthis Act as if it were a re-determination under paragraph 59(1)(a) if
' Q1 c) i% ~3 s1 b2 J(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 D8 U. ]9 R m. p5 P
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
; m" H6 f* H8 Y4 o* ]; a8 keligible for preferential tariff treatment under a free trade agreement; or
+ M% B: K; a; D/ N) p(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# [! ~4 ?% t" |5 _$ ]
because the origin, tariff classification or value for duty of the goods as claimed in the application is9 K* u! P V8 p" m
incorrect.
) Z7 l* k' ]0 @7 S9 z9 B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),9 W9 D' n3 g% _) w7 K4 u) }2 Y$ `( j
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 @9 `' {6 y) |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 N8 g. {& j7 i0 X$ j
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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