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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 w! A0 W) E( c. _' @5 O2 x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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t0 x# M; m1 s; K% `. n {% y+ mRefund Requests
; L9 R& \/ J- a2 M3 W74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 x' A; K0 A6 f' f" k0 zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' \1 z) z, P# @6 t* [: d# G1 D, B
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ R& X* |& ~2 U5 T: \
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 y2 y, m5 y- a' P
Canada to the time of release;) M: F: B7 d1 e4 F$ T& d
(b) the quantity released is less than the quantity in respect of which duties were paid;
! f, c; i0 Y6 x0 ~9 N(c) they are of a quality inferior to that in respect of which duties were paid;- ` K9 h* m0 a
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( Y* a' A7 u+ a0 b2 r& Qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ e6 ~: p$ L# f% w8 j6 A1 V f4 q
case may be, was made in respect of those goods at the time they were accounted for under% N3 f! w- Z) N
subsection 32(1), (3) or (5);
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2 a- w: p- Q2 ?' t) ^; R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for- v; H* {! m: k
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are) ]$ a8 j& J; r+ U! ?/ G
accounted for under subsection 32(1), (3) or (5);
) @ ]9 N( L9 Y2 Y$ Y(d) the calculation of duties owing was based on a clerical, typographical or similar error;" s/ R6 S2 {! ^5 O# C1 Y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- M) q+ g5 D" H3 G) ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 o. [* O: N& {value for duty in respect of the goods and the determination has not been the subject of a decision1 U K. x: I% U
under any of sections 59 to 61;7 P( W! [; J+ y/ x8 W x
(f) [not applicable to non-commercial goods];
6 h4 T _9 w) P" ~, i( i, s' I* h(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 o r5 C$ g) ` s(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 O w# a& F8 I& i, f0 F4 Zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! [! J9 x% |5 W4 L: h4 w) athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. @# D# ~ F. F" h+ X; }9 U7 h9 ^( T) k
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ ~3 S0 z0 t" B- ]unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* Z# G, H: l5 j! r(3) No refund shall be granted under subsection (1) in respect of a claim unless
2 ~- P- w% I4 C4 K8 U(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& p* \+ {" r( V- o3 C4 ?respect of which the claim is made or otherwise verify the reason for the claim; and+ ~4 a- V; }5 v/ t
(b) an application for the refund, including such evidence in support of the application as may be2 I' c* q, k/ b. P# W) X
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( C+ V, }' j) O& y- U8 _% Y9 ]
prescribed information within" i9 G2 \2 T. k) Z/ x
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( `7 `; z4 K' Q! G( K7 [- L- \or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* y7 V3 a/ Y" P$ y; q; ^! O(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' b& O+ i5 b" T6 H$ Mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., L: R. r6 i+ x. C1 y0 |1 L
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# c1 b+ H1 S) V. }7 Ethis Act as if it were a re-determination under paragraph 59(1)(a) if$ Y! `8 t- V) I8 R; {
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
G5 W/ [, s* Q% Y; k# |4 `! M9 qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 M" k5 p( ] E8 H- t8 `$ Religible for preferential tariff treatment under a free trade agreement; or
7 o) C. ?9 O- ~0 y+ u% h/ a# @* }(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! I+ J7 `4 K, `9 Q6 b+ T- i
because the origin, tariff classification or value for duty of the goods as claimed in the application is
% D1 W5 J. o; P* Y5 \incorrect.: Z7 B4 v( I2 C/ S
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ \+ r/ Q6 O r2 d8 z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 G6 f5 q1 D) x* ^! p9 _
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 d N. G6 \' Q
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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