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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
4 n8 E* U# L' V5 l8 C) W* x6 u上面说 非商业 进口 可以免关税?3 q# f6 c0 W4 T+ F
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. M$ S. e- j0 x& @1 q" bhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 S: h6 `3 h8 m; D( {
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Refund Requests
7 S: M( t+ X: j1 w3 o2 A74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 J7 L' C* z. Z' [2 Q9 I
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% V+ \# M% \3 s. Tof those duties, and the Minister may grant to that person a refund of all or part of those duties, if! }! F* Q# R3 x' Y1 B/ @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 J8 T9 R/ Y5 f; sCanada to the time of release;; t, a$ w( [# ]* f J
(b) the quantity released is less than the quantity in respect of which duties were paid;7 [5 J+ c5 U9 a+ ~% b( C8 F
(c) they are of a quality inferior to that in respect of which duties were paid;
- e3 z- ?. o, j3 T; x L7 z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ Q/ p. M% b3 T) W2 @2 {tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, c6 \- _8 I9 R* |case may be, was made in respect of those goods at the time they were accounted for under9 o2 V! E4 W5 x
subsection 32(1), (3) or (5);( C) E) e, o) v) D, x, h: @
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+ K# M8 A5 P" x( N" E' H. w f/ a(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" i& g) n5 g- y. tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are; V8 ?7 F1 u R1 C6 F0 }3 n* m2 u2 J3 f
accounted for under subsection 32(1), (3) or (5);1 `7 O1 t* z1 k N9 U! G: R7 K
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# K' p4 W) T8 ^/ W(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. ]2 I; m( U1 d% Z A. Hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' t& |+ D/ g: `' P* o
value for duty in respect of the goods and the determination has not been the subject of a decision
6 `& Q! M7 ^5 q8 a- S2 a9 h( T+ munder any of sections 59 to 61;
4 k6 U9 ^ w* Y$ P! ^8 T(f) [not applicable to non-commercial goods];
3 S A+ ]- m2 F' K4 r9 N O(g) the duties were overpaid or paid in error for any reason that may be prescribed.( l3 Y' w" o2 H1 D7 X
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, e% Y( Z% R8 q7 D. `
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 J# }4 \4 g; Z4 v- wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 t7 j6 l3 r- G! k& L7 c(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 E: j# ~, |9 l1 kunless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ Q5 P- u+ j, i" j
(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ Y" a% h" k( x/ y7 ^* H+ W* J7 X(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 Y4 R$ Y9 z4 i9 d& D; grespect of which the claim is made or otherwise verify the reason for the claim; and
1 P- y! g1 g3 J+ F(b) an application for the refund, including such evidence in support of the application as may be
# X C7 [3 u. Iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 I H) e* | p, n
prescribed information within8 ~2 g& `+ F/ f! h5 q
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)3 w) e7 b" D X7 L
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
; E! J' o5 V R B2 T$ ?(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 o. s: j0 z2 e( s2 m, {5 b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& [9 K# b, w( ?* m3 T, B(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& D* e4 v: g. M' `! Q xthis Act as if it were a re-determination under paragraph 59(1)(a) if
) O2 d4 d9 o' E' O. s2 i(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% \- ^9 h/ n% J- \
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not7 \) z6 i9 D: ~2 k, a* R
eligible for preferential tariff treatment under a free trade agreement; or# a" k" {. F& e( u6 A7 x& A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' w6 f3 _* v: g& L3 \& @5 T
because the origin, tariff classification or value for duty of the goods as claimed in the application is
& q, b7 R+ z- K% m; K X' k% xincorrect.
, a( |( J! t$ L3 [. u; }! @6 x3 H(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ E) r$ q: K# l. ^- E(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# o# D" Z6 y6 I: W- fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! _ ~. a+ G: \1 @were a re-determination under this Act of origin, tariff classification or value for duty.0 [, i/ ^% N- `7 a$ d) \, _) y
+ K% F! X: U# H$ T J这到底是说可以还是不可以啊? |
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