

Imported commercial goods are damaged during a Turkish customs inspection. Learn how foreign companies can document the damage, determine whether Customs, the warehouse, carrier or another party is responsible, preserve evidence and pursue compensation in Turkey.
Imported goods can be opened, moved, sampled, weighed or physically examined during customs procedures in Turkey. When valuable machinery, electronics, industrial equipment, fragile products or other commercial goods are damaged during this process, the importer may face an immediate question:
Who must pay for the damage?
The answer depends heavily on when the damage occurred, who had custody of the goods, what caused the damage and what evidence can establish the condition of the shipment before and after the customs inspection.
The fact that damage is discovered while goods are under customs control does not automatically establish that the customs administration caused it.
Potential responsibility may instead involve:
For this reason, the importer should immediately follow a structured approach:
Stop further handling → photograph the damage → preserve packaging and seals → obtain an official damage record → identify the custody chain → collect inspection records → appoint an independent surveyor where necessary → quantify the loss → notify potentially responsible parties → assess compensation proceedings.
Customs inspection may require the authorities to verify whether the actual shipment corresponds with the customs declaration.
Depending on the goods, this can involve:
The importer should therefore document the condition of valuable goods before extensive physical examination whenever practically possible.
This distinction is extremely important.
Goods may physically remain under customs supervision while actual handling is performed by another party.
For example, the goods may be located in:
The party physically handling the cargo may not be the customs administration.
Liability therefore requires a custody and causation analysis.
The first question should be:
When were the goods last known to be undamaged?
Build a timeline:
Supplier loading
→ container sealing
→ international transportation
→ arrival in Turkey
→ port unloading
→ temporary storage
→ customs inspection
→ repacking
→ release
→ delivery to importer.
The narrower the damage window, the easier it becomes to identify the potentially responsible party.
If damage is discovered during or immediately after Customs inspection, do not simply collect the goods and leave.
Document:
Photographs and videos should clearly show the condition.
An importer should seek written documentation of the damage as soon as possible.
The record should ideally identify:
A contemporaneous record is substantially stronger than a complaint submitted weeks later.
Do not immediately discard:
Packaging may reveal whether the damage resulted from:
This evidence can become central to a compensation claim.
For containerized cargo, obtain:
If the container itself shows external damage, the loss may have occurred before customs inspection.
Collect evidence showing the goods’ condition before arrival in Turkey.
Useful material may include:
This can help exclude pre-existing damage.
A company should not automatically accuse Customs.
The goods may have been damaged:
Compare all available evidence.
Determine:
The inspection chronology may help establish causation.
This is often decisive.
Ask whether the goods were physically moved by:
The authority supervising the process and the person physically handling the goods may be different.
If goods were stored in a customs warehouse or temporary-storage facility, determine whether the damage occurred during:
Request relevant warehouse records immediately.
Many ports and warehouses use camera systems.
If damage is discovered, immediately request preservation of relevant footage.
Specify:
Do not wait several months because recordings may not be retained indefinitely.
For valuable goods, appointing an independent surveyor can be extremely important.
The survey should examine:
The report should distinguish between physical damage and resulting economic loss.
For imported machinery, visible damage may not reveal the full problem.
A dropped or incorrectly handled machine may suffer:
Obtain a manufacturer or qualified technical assessment.
Electronic products can suffer hidden damage from:
Do not rely only on exterior photographs.
Testing may be required.
For food, pharmaceuticals or temperature-sensitive goods, record:
A delay in documenting the condition can make causation difficult to prove.
Certain inspections legitimately require samples to be removed.
The importer should distinguish between:
authorized sampling necessary for customs analysis
and
avoidable physical damage caused during handling.
The existence of a sampling procedure does not automatically justify unrelated damage to the remaining goods.
Some packaging may need to be opened to inspect goods.
However, the company should examine whether damage went beyond what was reasonably required for inspection.
For example, there is an important difference between:
opening a wooden crate
and
damaging the industrial machine inside the crate.
If company representatives or the customs broker observe unsafe handling, they should document the objection at the time where possible.
Contemporaneous evidence is more persuasive than later recollection.
Where there is a reasonable basis to believe that damage occurred during customs examination, submit a written notification promptly.
Identify:
Request preservation of relevant official records.
Do not notify only Customs.
If the goods were located at a terminal, temporary-storage facility or customs warehouse, notify the operator as well.
This helps preserve contractual and compensation rights.
Where the timing remains uncertain, the carrier should also receive timely notice where appropriate.
Transportation claims can be subject to their own notice and limitation requirements.
Do not wait until responsibility is conclusively established before preserving rights.
Cargo insurance should be notified promptly.
Provide:
Do not repair or dispose of damaged goods before coordinating necessary evidence preservation.
If the cargo insurer compensates the company, subrogation issues may arise.
The insurer may subsequently pursue the party legally responsible for the damage.
The importer should therefore avoid prejudicing recovery rights.
The supplier may be responsible where damage resulted from inadequate:
Review the sales agreement and applicable delivery terms.
Delivery terms may help determine allocation of transport risks between buyer and seller.
However, they do not automatically determine whether Customs, a warehouse or a third-party handler is liable for independently caused physical damage.
Each legal relationship should be examined separately.
Potential direct loss may include:
Obtain written quotations.
A repaired machine may no longer have the same commercial value as an undamaged new machine.
Where appropriate, obtain evidence concerning:
pre-damage value
versus
post-repair value.
Damage can also cause:
Keep these losses separately documented.
Even if liability for physical damage is established, recovery of indirect or consequential losses may require separate analysis concerning:
Therefore, avoid assuming that every business loss will automatically be compensated.
Take reasonable measures to prevent the loss from increasing.
For example:
Document mitigation expenses.
For high-value goods, immediate repair may destroy evidence.
Before repair:
Then proceed with commercially necessary repairs.
Damage to imported goods may also affect customs-value questions depending on when the damage occurred and the applicable customs status of the goods.
Turkish customs valuation follows the methods provided under Customs Law No. 4458 and the Customs Regulation.
Therefore, the importer should examine both:
compensation for physical damage
and
the customs consequences of importing damaged goods.
These are separate issues.
If goods have become seriously damaged before release, determine whether the customs treatment correctly reflects their actual legal and factual circumstances.
Do not assume that the commercial damage claim and customs-duty position must necessarily produce the same result.
Potentially, where the evidence establishes legally attributable unlawful or wrongful administrative conduct causing measurable damage.
However, compensation is not automatic merely because the goods were under customs supervision when the damage was discovered.
The importer must establish the relevant factual and legal connection.
Where damage is attributed to the conduct of the customs administration, the company should assess the appropriate administrative application and, where necessary, administrative judicial remedies.
The claim should be supported by:
If a private warehouse, terminal or handling company caused the damage, the legal route may differ from a claim based on administrative conduct.
This is why identifying the actual actor is essential.
A single loss may involve overlapping responsibility.
For example:
The company should not prematurely pursue only one party without reconstructing the complete chain.
If damaged goods are delivered to the importer, consider recording the visible condition and reservations on the relevant delivery documentation.
An unconditional receipt can create evidentiary difficulties later.
Maintain:
The amount of loss must be proved as carefully as liability.
For complex cases, prepare a simple table:
Stage — Custodian — Condition — Evidence
Supplier — undamaged — loading photographs
Carrier — unknown — transport records
Port — packaging intact — arrival report
Warehouse — intact — CCTV
Customs inspection — damage discovered — inspection record
This can make causation significantly clearer.
For expensive machinery or commercial cargo, evidence can disappear quickly.
CCTV may be deleted.
Witnesses may forget details.
Packaging may be discarded.
Goods may be repaired.
An investigation started on the day of discovery is considerably stronger than one started months later.
The shipment may simultaneously involve:
Handle each issue separately while maintaining one consistent factual chronology.
When imported goods are damaged during Turkish customs procedures, the strongest approach is:
Document the damage immediately
→ preserve packaging and seals
→ obtain an official record
→ identify every party with custody
→ preserve CCTV
→ appoint an independent surveyor
→ notify Customs, warehouse, carrier and insurer where appropriate
→ quantify repair and replacement loss
→ determine who actually caused the damage
→ pursue the appropriate compensation remedy.
No. The importer must determine when the damage occurred, who physically handled the goods and what caused the damage.
Photograph the damage, obtain a written record, preserve packaging and request preservation of relevant CCTV and inspection records.
Potentially. If damage occurred during storage, movement or handling by the warehouse operator, its responsibility should be investigated separately.
The carrier, supplier or another logistics party may be responsible depending on the circumstances and applicable contractual or transport rules.
For high-value or technically complex cargo, an independent survey can be extremely important for establishing cause, repair costs and depreciation.
Emergency mitigation may be necessary, but evidence should first be preserved wherever practicable through photographs, technical reports and survey documentation.
Potentially, but consequential losses require separate proof of causation, amount and legal recoverability.
Yes, where relevant coverage may exist. Early notification also helps preserve evidence and potential subrogation rights.
Potentially, depending particularly on when the damage occurred and the customs status of the goods. Customs valuation and compensation should be analyzed separately.
Evidence showing the condition of the goods immediately before and immediately after the relevant customs inspection or handling operation is often the most important evidence for establishing causation.
Damage during customs procedures can create overlapping disputes involving:
Customs authorities
Temporary-storage facilities
Customs warehouses
Port and terminal operators
Carriers
Cargo insurers
Foreign suppliers
and handling companies.
Fırat Fesih Kaya Law Office assists foreign importers, manufacturers and international companies where high-value commercial goods are damaged while undergoing customs inspection, storage or clearance procedures in Turkey.
Lawyer Fırat Fesih Kaya provides legal assistance in reconstructing the custody chain, preserving evidence, reviewing customs and warehouse records, coordinating independent surveys, identifying the responsible party and pursuing appropriate compensation claims.
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