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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: U" n+ w5 c j上面说 非商业 进口 可以免关税?8 A- c4 u4 y8 R+ o- V
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 S( a2 K( P i y; k1 }
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Refund Requests
3 c& a# X7 I' W4 N7 q# g4 e0 p$ S74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) ~, a: m) Q, i, s5 N0 m
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 K" F& X. X0 D" W
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ S' D7 r' F! z5 l1 `! }(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 d! a5 l3 ? v1 ^& KCanada to the time of release;. z' p; R9 R6 k; |1 y% R: b
(b) the quantity released is less than the quantity in respect of which duties were paid;
. D6 V5 ~9 v! c! Q5 g; h$ Z(c) they are of a quality inferior to that in respect of which duties were paid;. B$ k' Q& g1 n" A6 ], ]2 `
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
j/ S+ e; ]+ Z- y) P$ d3 A( Stariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& L9 d0 r) n; `# H& ^5 S8 l
case may be, was made in respect of those goods at the time they were accounted for under
9 a4 R; R9 Z5 S0 k( q, G3 W* Ksubsection 32(1), (3) or (5);, E& B( ]9 X, i
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5 ?6 C% v E# J4 ~1 a% A! b(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% @( x* S% ?& }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are8 b/ n. j8 _$ V9 o$ Q% W4 T
accounted for under subsection 32(1), (3) or (5);
- W P: T$ E9 n7 ](d) the calculation of duties owing was based on a clerical, typographical or similar error;
* Q; ^7 p) m' X1 N(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ q# K2 a& F+ s* Dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; |/ ?& M- V6 t: f, b! o/ hvalue for duty in respect of the goods and the determination has not been the subject of a decision
2 G' A" P. L2 Vunder any of sections 59 to 61;3 S6 k- T4 ^ s# b0 u
(f) [not applicable to non-commercial goods];
! A1 F h! @% M2 ` ?(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 X: o: }# R& E8 s(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based- |9 d( S4 a& G" E' z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# X7 N3 A% q8 ?: V, |: A
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ H/ J! v- F( \# n+ m# r
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 @/ W- j8 Y/ q0 yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 p' h, x8 o2 T3 N) C9 {
(3) No refund shall be granted under subsection (1) in respect of a claim unless! V+ J% j) T& i5 _# P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, T9 p4 T' Y2 R. w ~. g1 s3 b. V; R P
respect of which the claim is made or otherwise verify the reason for the claim; and7 ?3 s5 q, D0 U( o
(b) an application for the refund, including such evidence in support of the application as may be
, d1 @7 K; ^! q5 u' Jprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, i- K, g- w$ y1 fprescribed information within0 | s/ g" C4 X$ J1 n0 Y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" m; l* ~0 o& l' r' j
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
$ s9 ?. {' S* j' r(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 Z/ J7 j' Z5 S7 J. ?
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 I8 ~5 t) E" s Z: X
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# b; x0 p/ y: t0 L7 W, U
this Act as if it were a re-determination under paragraph 59(1)(a) if
8 v; Z m' p$ ^5 {/ X Z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 n5 k; T h$ e9 E
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) G& X: N J" m) z' ~ S# M7 I: ^ Celigible for preferential tariff treatment under a free trade agreement; or R' L' p' @, y; L L
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ D! [& i% C8 i: e. G3 F. [$ Y$ tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is9 g! \9 }; {5 P) G2 S
incorrect.
7 f* c3 N; C3 o) X- n# l0 N8 Y3 j(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) V) u) t: F) x! U
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' _* n% V) b3 N) ?0 `% M& Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( j! C# v) d- m4 b$ Kwere a re-determination under this Act of origin, tariff classification or value for duty.
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