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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' ]4 H9 W q, _% ]% U( U, K
上面说 非商业 进口 可以免关税?
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8 N/ R7 n" X) e1 x. }9 q5 Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ }0 z# m- w: Y6 ~8 ARefund Requests& O( R8 t i% Z- q1 q* t: w
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 O8 C/ h7 K! a' }
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- y) r& G+ R8 t5 g* {7 pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if" G5 I, R8 G: G# C9 l
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 `9 N+ `) p8 ]$ K& _9 m) O2 ~, l8 q: ~, vCanada to the time of release;
0 v& H# w9 J# G1 j(b) the quantity released is less than the quantity in respect of which duties were paid;6 P( L. M# F1 y5 E
(c) they are of a quality inferior to that in respect of which duties were paid;+ e7 y, a3 {( ~' b# V
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& ]' Y3 c! I; V R
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 Z1 E3 {8 c0 s2 K9 [ E
case may be, was made in respect of those goods at the time they were accounted for under
$ }$ Y: F; { m5 b, O5 K+ J0 \subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
L& a1 }( {8 Ipreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 c6 _) ]2 A) x; M5 jaccounted for under subsection 32(1), (3) or (5);
7 j. k* T6 j# I, d' m6 {! Z(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 C' R. n9 C7 A3 ?1 S; t(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 h/ J) u0 L, |* k8 Tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
1 {9 M2 T: s4 E- T/ {value for duty in respect of the goods and the determination has not been the subject of a decision
7 F. B2 R" q1 e) @under any of sections 59 to 61;% m) b, s# P# `' _9 x$ _' ? H
(f) [not applicable to non-commercial goods];
% }! h0 `$ e' X( K6 k(g) the duties were overpaid or paid in error for any reason that may be prescribed.& Z! R' |" R+ G* f1 q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" h# O% ~# P. f/ p9 v! t
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" o: o, Q# G( n. a% ^this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 }- Z* Q. R, `0 \
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, C4 [) A: U, u# a8 p1 Yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 \& S' ^ \9 T7 {, B
(3) No refund shall be granted under subsection (1) in respect of a claim unless3 L# a4 [# I1 k
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, T2 U* X2 w' S- M* Q
respect of which the claim is made or otherwise verify the reason for the claim; and
) i2 P% c# d2 L(b) an application for the refund, including such evidence in support of the application as may be7 g" R4 B6 d" Q' U
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% l. s2 }7 q/ h# b8 Q" D+ qprescribed information within
! l q4 ^$ h3 J) l; a- t' g(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): ]- s9 |/ n& d; M* V1 K5 v
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; _+ r" \7 h: j* U6 Y$ m- ?. V8 `
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& C# O$ ]7 Y" C2 V1 n. [9 r# s3 vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" m0 |$ I3 \$ W(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& J9 f3 _) H6 M* p- bthis Act as if it were a re-determination under paragraph 59(1)(a) if4 Y" [& d4 X, P; z! i
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied) M( `7 s; E9 }' x
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ R6 j$ Y: ~" D) n S y. v
eligible for preferential tariff treatment under a free trade agreement; or
C1 s; l1 Q8 Y6 s: T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% m, R& l2 n5 c1 @+ [because the origin, tariff classification or value for duty of the goods as claimed in the application is5 g# O( A0 S. l8 q1 t# E
incorrect.
" h+ [' Z; P; f5 d1 M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 ?, T& g+ q \$ ?% s* x4 E(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 A4 v5 Z( q8 I6 M1 o2 eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 _* _5 n$ B. K, y7 L% Q
were a re-determination under this Act of origin, tariff classification or value for duty.
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