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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ d$ s" N3 P6 d% u2 g# g上面说 非商业 进口 可以免关税?9 R B3 O4 S5 N7 i5 ]/ a1 w
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests3 G5 T- J; {/ w% w' U
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ D" O, `; E1 S; C6 x: V" E
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 R" r; _1 L7 Jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if# I# ^) U( K9 y5 _5 S3 h5 w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! v" y) T' Y# K6 |& |2 x) p5 ACanada to the time of release;
8 P8 R: @8 ]5 d) i- l S9 l(b) the quantity released is less than the quantity in respect of which duties were paid;5 Q( K% @; k9 \: A% c/ ~7 f4 R
(c) they are of a quality inferior to that in respect of which duties were paid;3 p# ~/ \; u% T
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 w$ z3 p) q2 dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ q- W. R- C0 i' x( o6 r3 ycase may be, was made in respect of those goods at the time they were accounted for under
, ?$ U* T$ o& Z, i: O- c. ~subsection 32(1), (3) or (5);1 r3 Y/ p) F; m
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 O! U. m( v9 `! U; ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 {& T' Y& c( Z) k9 o* E! n: x
accounted for under subsection 32(1), (3) or (5);% L7 ^ ~2 N! u% p# O; }# R( ]0 }
(d) the calculation of duties owing was based on a clerical, typographical or similar error;! N- Y8 o% R" v' C; d H, v
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) W5 T2 l6 j; C( x# V, Lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# i9 c/ n4 ^7 {% {2 N, uvalue for duty in respect of the goods and the determination has not been the subject of a decision
* G, d+ y# v& z& ~under any of sections 59 to 61;" _/ M4 M: Q U6 d
(f) [not applicable to non-commercial goods];( E, u* o7 \3 m5 b. S5 k* W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# ^* W( ^( O% l( Q6 ?! L6 G(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ a- y8 {, @8 X5 ~& h% ^on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% o) A" s( _4 K, ^7 G( w Z3 dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 Q# V" ?. j* q& P# z2 z, Y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ ]' o) V" s, H, t7 M7 a! ?4 m: s$ Yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
0 Y$ Z' e# m: T5 x8 X" U(3) No refund shall be granted under subsection (1) in respect of a claim unless/ n; W3 w5 T4 g# t9 V/ O o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
U; s) ?9 b2 a- ?" N; S- rrespect of which the claim is made or otherwise verify the reason for the claim; and+ V5 z) r' Z+ g# a# `) ~, c
(b) an application for the refund, including such evidence in support of the application as may be
5 H5 y4 v' d( S: d* aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
0 z& @0 L8 J$ k' \ Z+ Z- lprescribed information within
' L5 F# z+ W9 k$ Q8 U(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( n1 l) u+ X8 Q) C/ Oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& j4 q% ?+ U! R# \3 E F( u. w# Y(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 b! w, W1 X6 V% Z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' t8 S, K' J1 C$ X
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' w$ ]0 x9 l* N+ q( v6 j4 bthis Act as if it were a re-determination under paragraph 59(1)(a) if
/ k9 ] F. l) A(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: W% _! s0 z1 Rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 ~. V, b. W. H5 keligible for preferential tariff treatment under a free trade agreement; or
. _# ~0 s* t0 n0 K& w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# D7 J% ]7 Z' r. v# Q# Y* Q" `0 H& O: W/ a
because the origin, tariff classification or value for duty of the goods as claimed in the application is
0 N9 u5 a8 w B& Y* B/ W* fincorrect.
. Q+ I% |) Y! A9 q6 \# C, g(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' `* d% w/ b( F$ e# M(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) I; k* L. w8 [- Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 A; B# y: s( b9 K5 mwere a re-determination under this Act of origin, tariff classification or value for duty.# b* i; f( M2 @) h2 i# j) s ?! R! S
: p! } ?, |7 Z$ [$ S这到底是说可以还是不可以啊? |
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