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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* G; s# z7 I) T' J上面说 非商业 进口 可以免关税?
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s/ a+ h% ?! J% U- p; Q* I! N) [' y* N( T$ c1 }" C
8 m, J- \- b: xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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, p$ s& O' ~ \& Y9 Y& YRefund Requests! k+ y# j7 F" a: J
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. T! U H, o4 `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ C/ ?4 s, @; q6 W1 E
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
5 \5 E9 v+ Z& ^* |: h; Q* @(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 H& [, [( z; M i# W4 G7 NCanada to the time of release;
5 O" ?& E2 y3 O( y ~0 Y$ U(b) the quantity released is less than the quantity in respect of which duties were paid;; G6 z' i" W4 S2 v0 X) U" V1 B- \
(c) they are of a quality inferior to that in respect of which duties were paid;4 f4 B, C* t2 u& V9 ~9 h
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential {# A2 y9 f! [8 `6 U' u
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 {0 {0 G! L% ~- Y1 V' R
case may be, was made in respect of those goods at the time they were accounted for under
* y# b y& L# H( {3 {- Q! C: ]- Usubsection 32(1), (3) or (5);1 D/ I ^5 U1 q# k# U
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 V$ y+ o- H+ Z" ~
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 m) P; p$ I0 d& d, O- M- R* j
accounted for under subsection 32(1), (3) or (5);3 J Q% y, q' z' l, F& [2 H
(d) the calculation of duties owing was based on a clerical, typographical or similar error;; t# m7 K$ G' v/ w$ U( U
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 c8 l/ L! H! m" kof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! i7 s- Z8 g8 M, q5 R, Qvalue for duty in respect of the goods and the determination has not been the subject of a decision+ |+ E8 [7 |, t& D
under any of sections 59 to 61;
* w2 J6 w# ~8 ?9 T(f) [not applicable to non-commercial goods];
$ Z! v( f7 p- P6 i(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; Y% ^3 |) Y Z8 m; d! [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. }4 {$ D- a1 A8 G2 \' xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! U2 K8 ]5 U" L, C, Ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" g/ d$ D. |% \+ C. O( L/ Q5 K$ G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 b5 l+ Z$ U- g- ^ c2 eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 U( c3 U3 l9 q4 A: \" B
(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 V- p/ v' c) \& t* l) P(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; B* c5 n# Q( P+ _ |7 Q
respect of which the claim is made or otherwise verify the reason for the claim; and
1 i3 P, o4 m+ u(b) an application for the refund, including such evidence in support of the application as may be" g' }7 k1 ?; q- h: C
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
/ D. D, P% U: L. b6 F' fprescribed information within
* J; \ u& {- n: n6 z3 Y(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 n9 L y. j4 w' z. R
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
( D9 y+ D/ _) Q, P R(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 [" y4 y9 ?$ R) b$ [3 ]9 ]
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. w# |: R1 p) n$ z(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& B. [) R, b9 Sthis Act as if it were a re-determination under paragraph 59(1)(a) if
/ R/ i ^" l6 T! d5 }(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% x6 `. @( C8 h Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. ~* C9 t9 b: O3 Deligible for preferential tariff treatment under a free trade agreement; or
z5 v7 n) _9 q: b3 s9 S: L9 m(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ h! I" e; V4 r' p& G4 ]' K& x2 B/ Gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is" W" H' j2 ?2 ^* u- {( z7 [) b
incorrect.
$ V8 J0 i1 C) l7 X. b(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% q9 ~4 Y" c3 h5 Q2 @3 L. G Q6 L
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 V1 W0 X# C. v3 I p& {
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
2 _( I+ \& F, K+ Q, N, G6 R* cwere a re-determination under this Act of origin, tariff classification or value for duty.8 X8 r7 d# f% M
& G' ^$ z5 T* s9 x' L1 u7 K9 \这到底是说可以还是不可以啊? |
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