

What happens when imported goods arrive in Turkey with less quantity than the invoice, packing list or customs documents? Learn about supplier, carrier, warehouse and customs responsibility, evidence, customs declarations and compensation claims.
When imported goods arrive in Turkey and the actual quantity is lower than the quantity shown in the invoice, packing list, transport document or customs records, the first question is not simply “Who must pay?”
The company must first determine where the shortage occurred.
Responsibility may potentially belong to the foreign supplier, international carrier, freight forwarder, temporary-storage operator, customs warehouse operator or another party in the logistics chain.
Turkish customs guidance confirms that goods remain under temporary-storage status after being presented to Customs and until they are assigned a customs-approved treatment or use. It also states that temporary-storage operators can bear financial responsibility toward Customs for loss, damage or substitution of goods in their custody, except in qualifying circumstances.
The correct strategy is:
Verify the shortage → preserve evidence → identify when the goods disappeared → correct the customs position → protect contractual claims → pursue the responsible party.
Never rely only on a warehouse employee saying:
“Twenty boxes are missing.”
Compare:
The shortage must first be quantified accurately.
For example:
| Document/Stage | Quantity |
|---|---|
| Purchase order | 10,000 units |
| Supplier invoice | 10,000 units |
| Packing list | 10,000 units |
| Bill of lading | 10,000 units |
| Customs arrival record | 10,000 units |
| Physical count | 9,400 units |
| Shortage | 600 units |
This comparison can immediately narrow the investigation.
These are different problems.
A discrepancy may concern:
For some bulk commodities, natural weight variations may also require technical analysis.
Current Ministry materials state that where a shortage or excess is identified during weighing or there is doubt concerning the quantity shown in documents, the measurement performed by the customs administration is taken as the basis for the relevant official process.
Therefore, obtain the official weighing or counting record.
The foreign supplier may have loaded less than the invoiced quantity.
Possible causes include:
Contact the supplier immediately.
Ask for:
The objective is to establish what actually left the supplier’s facility.
For containerized cargo, determine:
An unexplained seal discrepancy can be significant evidence.
If the supplier proves that the complete quantity was handed over for transportation, attention shifts toward the transport chain.
Potentially responsible parties may include:
Liability depends on the applicable transport contract and legal regime.
Preserve:
Do not wait several weeks before notifying the carrier.
International transport regimes and transport contracts can contain strict notice and limitation rules.
The importer should therefore notify the potentially responsible carrier promptly and reserve all rights.
Do not wait for the customs investigation to finish before protecting the transport claim.
Under the Turkish customs framework, the summary declaration is generally lodged by the person bringing the goods into the Customs Territory of Turkey or assuming responsibility for their carriage, although other authorized persons may lodge it in qualifying circumstances.
Compare its quantity information with the supplier and warehouse records.
Suppose:
Supplier invoice: 1,000 cartons
but
Summary declaration: 950 cartons.
This may indicate that the discrepancy existed before the goods reached the later customs-storage stage.
Investigate the carrier and loading chain.
Suppose:
Summary declaration: 1,000 cartons
but
temporary-storage count: 930 cartons.
Then investigate what happened between arrival and storage.
Obtain all unloading and warehouse records.
The Ministry states that temporary-storage operators bear financial responsibility toward Customs for loss, damage or substitution of goods stored there, except where valid or compelling reasons apply. That responsibility can include customs duties and penalties under the relevant customs provisions.
This makes custody records extremely important.
Request:
The question is whether the warehouse received the full quantity.
Where a significant shortage is discovered at a port or warehouse, request preservation of relevant surveillance footage immediately.
Footage may otherwise be overwritten under ordinary retention systems.
Identify:
The fact that goods are physically located in a customs-controlled area does not automatically make the customs administration responsible for every shortage.
Responsibility depends on custody, cause of loss and applicable legal rules.
Current Ministry tariff guidance also distinguishes losses caused by responsible commercial actors from losses arising from characteristics of the goods, such as leakage, drying, deterioration or similar circumstances.
Certain goods can naturally experience:
This is particularly relevant for bulk commodities and liquids.
A technical expert may be needed to determine whether the shortage is commercially normal.
A shortage does not itself establish theft.
First investigate:
supplier loading
→ international transport
→ arrival
→ unloading
→ temporary storage
→ customs inspection
→ final delivery.
The evidence should identify where the discrepancy arose.
The importer should not knowingly continue with an inaccurate quantity.
Determine whether the customs declaration can be corrected according to its procedural stage.
The declaration should ultimately correspond to the actual goods being placed under the relevant customs procedure.
Once the shortage is verified, coordinate with the customs representative concerning:
Do not leave the customs file inconsistent with the physical goods.
Never alter historical evidence.
Keep:
Original declaration
shortage report
correction application
corrected customs records.
A transparent documentary chain is preferable to unexplained changes.
If the company paid customs duties based on goods that were not actually imported, determine whether an applicable repayment or correction mechanism is available.
Do not assume the customs system will automatically refund the difference.
A formal application and supporting evidence may be required.
Customs value is the value used for application of customs tariffs and certain non-tariff measures, and Turkish customs valuation follows the methods provided under Customs Law No. 4458 and the Customs Regulation.
A confirmed shortage can therefore affect the underlying import calculation.
Where the importer paid for 10,000 units but received only 9,000, the commercial settlement may involve:
Keep these commercial adjustments consistent with the customs records.
Suppose the supplier says:
“We will send the missing 1,000 units next week for free.”
Those replacement goods still require proper customs documentation.
Prepare evidence connecting the replacement shipment to the original transaction.
The fact that no second payment is made does not mean the replacement shipment has no customs significance.
Preserve:
Cargo insurance may provide another recovery route.
Immediately review:
Notify the insurer promptly where appropriate.
For valuable shipments, an independent cargo survey can help establish:
A contemporaneous survey can be substantially more useful than an expert examination months later.
Depending on the case, notify:
This reduces later arguments that the shortage inspection was unilateral or unreliable.
The report should record:
Photographs should be attached where appropriate.
The sales contract may determine when risk passed from seller to buyer.
Review:
The supplier may not automatically bear every transit loss.
The selected delivery term can be important for allocation of transportation obligations and risk.
However, the entire contract must still be reviewed.
Do not decide responsibility solely from one abbreviation on an invoice.
Even where risk has passed to the buyer, the buyer or another entitled party may have a claim against the carrier.
Seller-buyer responsibility and carrier responsibility are separate questions.
The legal structure may therefore look like:
Importer vs supplier
and/or
Cargo claimant vs carrier
and/or
Goods owner vs warehouse operator
and/or
Insured vs cargo insurer.
Several claims can arise from one shortage.
The company should document payments received from:
Compensation mechanisms must be coordinated according to the applicable legal framework.
If the same supplier has repeatedly delivered quantities below invoices, conduct a historical review.
Compare:
A recurring discrepancy may indicate a systemic supply-chain problem.
Accounting and warehouse records should reflect the actual quantity received.
Do not allow:
Customs declaration: 10,000
inventory: 9,000
to remain unexplained.
Create an audit trail.
Important evidence may remain outside Turkey.
Request headquarters or the supplier to preserve:
These records can disappear quickly.
A practical notice can reserve rights without prematurely determining responsibility.
The company can state that a shortage has been identified and that all rights concerning the resulting losses are reserved pending investigation.
The company’s loss may include more than the invoice value of missing goods.
Potential losses may involve:
Whether each category is recoverable depends on the applicable claim.
If the missing goods are critical production components, consider:
Keep evidence of mitigation expenses.
If Customs records the wrong shortage amount or incorrectly attributes a customs consequence to the importer, obtain the formal record and assess the appropriate administrative remedy.
The company’s evidence should address the exact factual finding.
The customs file asks:
What quantity actually arrived and what customs treatment applies?
The commercial claim asks:
Who caused the shortage and who must compensate the importer?
Do not confuse the two.
Responsibility should be reconstructed chronologically:
Supplier warehouse
→ loading
→ carrier
→ Turkish arrival
→ unloading
→ temporary storage
→ customs inspection
→ delivery.
The party responsible for a shortage cannot reliably be identified until the company knows at which stage the quantity changed.
There is no automatic answer. Responsibility may potentially lie with the supplier, carrier, freight forwarder, storage operator or another party depending on where the shortage occurred.
No. The goods’ custody and cause of the shortage must be established. Customs supervision does not automatically mean that the customs administration caused the loss.
Potentially, yes. Ministry guidance states that temporary-storage operators have financial responsibility toward Customs for qualifying loss, damage or substitution of goods under their custody.
The importer may have contractual remedies against the supplier. Obtain written confirmation, loading evidence and appropriate commercial adjustments.
A transport claim may be available. The applicable transport regime, documents, notice requirements and limitation periods should be reviewed immediately.
Where the declaration states a quantity that did not actually arrive, the appropriate correction procedure should be assessed according to the procedural stage.
Potentially, depending on the circumstances and applicable correction or repayment procedure. Documentary proof of the shortage will be important.
The replacement shipment still requires proper customs documentation. Its connection to the original shortage should be clearly documented.
Where cargo insurance may cover the loss, prompt notification is advisable because policy requirements can contain notice and evidence obligations.
The records showing the quantity at each stage from the supplier’s warehouse until the goods were physically counted in Turkey.
A shortage discovered during customs clearance can create disputes involving:
Foreign suppliers
International carriers
Freight forwarders
Temporary-storage operators
Customs warehouses
Cargo insurers
and customs authorities.
The most important task is to reconstruct the shipment and determine exactly where the quantity changed.
Fırat Fesih Kaya Law Office assists foreign importers, manufacturers and international companies with quantity shortages, customs discrepancies, transport losses, warehouse disputes and related compensation claims in Turkey.
Lawyer Fırat Fesih Kaya provides legal assistance in coordinating customs evidence, investigating responsibility, correcting customs records where necessary and pursuing claims against responsible commercial parties.
Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey