What should a foreign company do when its supplier sends the wrong goods to Turkey? Learn about return-to-origin, re-export, customs declaration cancellation, documentary evidence, storage costs and replacement shipments.

A foreign supplier may accidentally send the wrong product, model, quantity or specification to a customer in Turkey. When the mistake is discovered after the shipment reaches Turkish Customs, the importer should not simply send the goods back without completing the appropriate customs procedure.

Turkish customs practice distinguishes between return to origin and other export or re-export procedures. The Ministry of Trade states that return to origin may be available in several situations, including where goods have been presented to Customs but no customs procedure has yet been declared, where they are under a customs warehousing procedure, where a declaration for release for free circulation has been registered but the goods have not yet entered free circulation, and in certain situations where clearance was completed but the goods have not yet been removed from temporary storage or the warehouse.

Therefore, the first question is:

What is the current customs status of the incorrectly shipped goods?

1. Stop Customs Clearance Once the Error Is Discovered

If the importer discovers that the shipment contains the wrong goods, it should immediately inform its customs representative and determine whether clearance can be stopped.

Continuing to declare goods using documents prepared for a different product can create substantially greater problems.

For example:

Invoice: Model A

Actual shipment: Model B

The company should not knowingly continue processing Model B as though it were Model A.

2. Determine Exactly What the Supplier Sent

Obtain a physical and documentary description of the shipment.

Check:

• Product model;
• Serial numbers;
• Quantity;
• Weight;
• Technical characteristics;
• Manufacturer;
• Country of origin;
• Packaging;
• Commercial value.

Photographs and inspection records may also be useful.

3. Compare the Goods With the Purchase Contract

Prepare a simple comparison:

Purchase Order	Goods Received
Product A	Product B
1,000 units	1,000 units
Specification X	Specification Y
Contract value	Actual shipment value

This helps demonstrate that the problem resulted from a genuine supplier shipping error.

4. Obtain Written Confirmation From the Foreign Supplier

The supplier should provide a written explanation confirming:

• Purchase order number;
• Correct goods ordered;
• Incorrect goods shipped;
• Reason for mistake;
• Acceptance of return;
• Intended replacement procedure.

This evidence can be important when requesting return of the goods.

5. Preserve the Original Documents

Keep the original:

• Commercial invoice;
• Packing list;
• Bill of lading;
• Purchase order;
• Sales contract;
• Supplier correspondence;
• Customs documents.

Do not alter these records to make them match the goods.

6. Do Not Ask the Supplier to Backdate a New Invoice

The correct approach is transparency.

If a replacement or corrected document is necessary, preserve:

Original document

and

corrected or explanatory document.

Creating a false historical document can transform a manageable commercial error into a serious customs problem.

7. Return to Origin May Be Available Before an Import Declaration

Where goods have been presented to Turkish Customs but no customs-regime declaration has yet been filed, Turkish customs rules provide a route for returning qualifying goods to their place of origin.

The Ministry identifies this as one of the recognized situations in which return-to-origin procedures may be used.

This can be particularly useful when the mistake is discovered immediately after arrival.

8. Goods in a Customs Warehouse May Also Be Returned

Return to origin may also be possible where the goods are under the customs warehousing procedure.

The importer should therefore determine whether the shipment is:

• In temporary storage;
• In a customs warehouse;
• Already declared for free circulation;
• Already released.

The procedure changes according to status.

9. What If the Import Declaration Has Already Been Registered?

This does not necessarily make return impossible.

The Ministry’s current guidance recognizes return to origin where the declaration for release for free circulation has been registered but the goods have not yet entered free circulation, subject to the applicable requirements.

The importer should act quickly before clearance is completed.

10. Cancellation of the Import Declaration May Be Necessary

Where an import declaration has already been registered, the importer may need to request cancellation or invalidation of that declaration as part of the return procedure.

The return-to-origin rules specifically address circumstances where goods were mistakenly placed under the declared customs procedure or where, because of special circumstances, placing them under that procedure is no longer possible.

A supplier sending entirely different goods can therefore require immediate examination of this mechanism.

11. Evidence of the Supplier Error Is Important

Prepare:

• Original purchase order;
• Sales contract;
• Original invoice;
• Packing list;
• Supplier admission;
• Photographs;
• Technical specifications;
• Warehouse inspection records.

The objective is to establish that the importer genuinely ordered one product but received another.

12. Customs May Check Whether the Goods Match the Arrival Records

Return procedures do not mean that Customs simply allows any goods to leave.

Customs may verify whether the goods being returned correspond to the goods originally presented to Customs and the relevant arrival documentation. The return-to-origin rules contemplate verification against the relevant customs records before the goods are sent back.

Identity of the goods should therefore be carefully documented.

13. Return to Origin and Re-Export Are Not Always the Same Procedure

Commercially, companies often use the expressions interchangeably.

Legally, however, the customs status of the goods matters.

The Ministry states that where the circumstances do not fall within the recognized return-to-origin situations, sending the goods abroad is completed under the applicable export or re-export provisions.

The company should therefore avoid selecting a customs procedure based only on commercial terminology.

14. Goods Already in Free Circulation Require Different Analysis

If the wrong goods have already completed import clearance and entered free circulation, the simple return-to-origin route applicable to uncleared goods may no longer be available.

The company may instead need to examine the applicable export or re-export framework and any customs-duty consequences.

The timing of discovery therefore matters considerably.

15. What If Clearance Is Complete but the Goods Have Not Been Collected?

The Ministry specifically recognizes certain cases where goods have technically entered free circulation but have not yet been removed from the temporary-storage facility or customs warehouse as potentially eligible for return-to-origin treatment.

This is why companies should act before physically collecting incorrectly supplied goods.

16. Do Not Remove the Goods From Customs Unnecessarily

If the company already knows the shipment is wrong, taking possession may complicate the return procedure.

Before removing the shipment, determine:

• Customs status;
• Available return procedure;
• Tax consequences;
• Required authorization.

A few hours of legal review may prevent weeks of additional procedures.

17. Incorrect Quantity Requires Separate Analysis

Sometimes the supplier sends the correct product but the wrong quantity.

For example:

Ordered: 5,000 units

Received: 7,500 units.

Determine whether the importer intends to:

• Import the ordered quantity and return the excess;
• Return the entire shipment;
• Purchase the additional goods.

The customs declaration must reflect the actual commercial decision and actual goods.

18. Wrong Model Can Affect Tariff Classification

Two visually similar products may have different tariff classifications.

A wrong shipment can therefore create unexpected exposure involving:

• Customs duty;
• Additional customs duty;
• Anti-dumping measures;
• Product-safety requirements;
• Import licences.

Do not assume the customs treatment is identical merely because the products are commercially similar.

19. Wrong Country of Origin Can Create Additional Risk

Suppose the importer ordered goods manufactured in Country A but the supplier accidentally sends identical goods manufactured in Country B.

This can affect:

• Origin treatment;
• Preferential treatment;
• Additional customs duties;
• Trade remedies.

Return may be preferable to attempting to modify the commercial transaction.

20. Product-Safety Requirements May Also Change

A replacement model may be subject to different:

• Technical regulations;
• Testing;
• Certification;
• Import controls.

Before deciding to keep the incorrectly supplied product, verify whether it can lawfully be imported.

21. Do Not Accept the Wrong Product Merely to Avoid Return Costs

Sometimes the supplier offers a discount and asks the Turkish importer to keep the shipment.

Before accepting, check:

• Tariff classification;
• Import restrictions;
• Product safety;
• Origin;
• Customs value;
• Required certificates.

A commercially attractive discount cannot override customs requirements.

22. Customs Value Must Match the Actual Transaction

If the parties renegotiate the transaction after discovering the mistake, the customs-value consequences should be reviewed carefully.

Preserve:

• Original purchase agreement;
• Supplier error correspondence;
• Revised commercial agreement;
• Payment records.

The chronology should explain why the commercial arrangement changed.

23. What If the Goods Are Counterfeit or Unauthorized?

That is a different situation.

If the “wrong product” creates intellectual-property, prohibited-goods or other regulatory concerns, ordinary commercial return procedures may not be sufficient.

Immediate legal review is necessary before requesting movement of the goods.

24. What If Customs Has Already Detected the Discrepancy?

If Customs discovers that the actual goods do not correspond to the declaration, the case may involve more than return procedures.

Possible issues may include:

• Incorrect declaration;
• Additional customs duties;
• Administrative penalties;
• Regulatory investigation.

The importer should not assume that returning the goods automatically eliminates every potential customs consequence.

25. Voluntary Disclosure of the Supplier Error Can Be Important

If the company discovers the error first, preserve evidence showing when it learned of the problem and what it did afterward.

An internal record might state:

09:00 — warehouse reports incorrect model

09:30 — customs broker instructed to stop clearance

10:15 — supplier contacted

12:00 — supplier confirms shipping error

A clear chronology can be valuable.

26. Storage and Demurrage Continue During the Dispute

Even when the importer has done nothing wrong commercially, port costs may continue accumulating.

Calculate immediately:

• Temporary-storage charges;
• Warehouse charges;
• Container demurrage;
• Carrier detention;
• Handling charges.

The return procedure should be pursued quickly.

27. Check Whether Charges Can Be Recovered From the Supplier

The commercial contract may determine who ultimately bears:

• Return freight;
• Storage;
• Demurrage;
• Customs broker fees;
• Inspection expenses;
• Replacement transport.

Review the governing law and contractual provisions.

28. Preserve a Claim Against the Supplier

Send an appropriate notice reserving rights concerning losses caused by the incorrect shipment.

Do not wait until the goods are returned before collecting evidence.

Preserve every invoice resulting from the supplier’s error.

29. Incoterms Can Matter

The agreed delivery term may affect the allocation of transport responsibilities, risk and certain costs between buyer and seller.

However, Incoterms alone do not determine every contractual damages question.

The underlying sales contract should also be reviewed.

30. Replacement Goods Should Be Treated as a New Customs Event

If the supplier sends the correct goods afterward, prepare a clean documentary file for the replacement shipment.

Do not simply reuse documents from the first shipment.

The replacement documentation should clearly identify:

• Correct goods;
• Commercial relationship;
• Whether payment has already been made;
• Whether the replacement is free of charge;
• Relationship with the returned shipment.

31. Free Replacement Goods Still Need Proper Customs Documentation

A supplier may say:

“We will send the replacement for free.”

That does not mean the replacement shipment can enter Turkey without customs documentation or valuation analysis.

The customs declaration must accurately describe the transaction.

32. Link the Replacement to the Original Transaction

Preserve:

• Original purchase order;
• Wrong shipment documents;
• Return records;
• Supplier credit note where applicable;
• Replacement invoice;
• Supplier explanation.

This helps explain why no second commercial payment may exist.

33. Serial Numbers Can Be Crucial

For machinery, electronics and high-value equipment, record serial numbers before return.

Photograph:

• Product;
• Serial plate;
• Packaging;
• Container seal where relevant.

This can help establish the identity of the returned goods.

34. Customs Should Be Able to Identify the Goods Being Returned

The company should be able to demonstrate:

Goods that entered Customs

=

goods now being returned abroad.

This is particularly important where Customs has already inspected or sampled the shipment.

35. Do Not Replace Goods Inside the Customs Area Informally

Never attempt to swap goods, packages or labels without authorization.

Any change involving goods under customs supervision should be handled through the appropriate customs procedure.

36. Perishable Wrong Shipments Need Immediate Action

If the supplier sends the wrong:

• Food product;
• Agricultural commodity;
• Temperature-sensitive material;

delay may destroy the commercial value of the goods.

Document:

• Expiry date;
• Storage conditions;
• Deterioration;
• Daily costs.

The return request should be escalated immediately.

37. Hazardous Goods May Require Special Logistics

Wrongly shipped chemicals or hazardous materials may require additional transport, storage and regulatory compliance before they can be returned.

Do not arrange return transportation until the applicable safety and customs requirements are confirmed.

38. Return to a Country Other Than the Supplier’s Country Requires Review

The commercial parties may ask:

“Instead of sending the goods back to the supplier, can we send them to another group company?”

That may change the customs procedure.

Return to origin should not automatically be assumed to cover every onward shipment to a third country.

Obtain customs approval for the actual intended destination.

39. The Importer Should Not Simply Book a Truck or Vessel and Remove the Goods

Goods under customs supervision cannot be moved abroad purely through private logistics arrangements.

The relevant customs declaration, transit documentation or other required customs procedure must be completed.

40. Review the Original Import Declaration Before Return

If an import declaration was registered, determine whether it must be:

• Cancelled;
• Corrected;
• Otherwise closed through the appropriate customs procedure.

Do not leave an unresolved declaration after the goods have departed.

41. Keep Proof That the Goods Actually Left Turkey

Preserve:

• Customs exit confirmation;
• Transport documents;
• Bill of lading;
• Carrier confirmation;
• Foreign receipt where available.

The file should establish completion of the return.

42. Review Any Customs Duties Already Paid

If duties were already paid before the error was discovered, determine whether repayment or remission procedures may be available under the applicable customs rules.

Do not assume payment is automatically refunded merely because the goods are later returned.

A formal application may be required.

43. Review Any Penalty Separately

Return of the goods does not necessarily cancel an administrative penalty already imposed.

If Customs issued a penalty decision, review:

• Legal basis;
• Notification date;
• Amount;
• Objection procedure.

Protect the challenge deadline independently from the return procedure.

44. Conduct a Supplier-Control Review

After the incident, improve pre-shipment controls.

Require the supplier to send before dispatch:

• Final invoice;
• Packing list;
• Product photographs;
• Model numbers;
• Serial numbers where appropriate;
• Origin information;
• Shipping documents.

A five-minute pre-shipment verification can prevent weeks of customs problems.

45. The Correct Strategy Depends on the Customs Status

The practical sequence should generally be:

Wrong goods discovered

→ stop clearance

→ preserve original documents

→ obtain supplier admission

→ determine customs status

→ request return to origin where available

→ use export or re-export procedures where return-to-origin rules do not apply

→ document exit

→ address replacement shipment separately

→ recover resulting costs from the responsible supplier where contractually available.

First 24-Hour Wrong Shipment Checklist

The importer should:

1. Stop further customs processing where appropriate.
2. Identify the actual goods.
3. Photograph the shipment.
4. Record serial numbers.
5. Compare goods with the purchase order.
6. Preserve the original invoice.
7. Preserve the packing list.
8. Preserve transport documents.
9. Contact the supplier.
10. Obtain written confirmation of the shipping error.
11. Determine whether a customs declaration has been filed.
12. Determine whether the goods entered free circulation.
13. Determine whether the goods remain in temporary storage.
14. Determine whether they are in a customs warehouse.
15. Evaluate return-to-origin eligibility.
16. Evaluate export or re-export if necessary.
17. Review declaration cancellation requirements.
18. Check tariff classification of the actual goods.
19. Check actual origin.
20. Check product-safety requirements.
21. Calculate storage.
22. Calculate demurrage.
23. Reserve contractual claims against the supplier.
24. Prepare the replacement shipment documentation separately.
25. Preserve proof of final customs exit.

Frequently Asked Questions

1. Can goods sent by mistake be returned from Turkey?

Yes. Depending on their customs status, return to origin or another applicable export or re-export procedure may be available. The Ministry expressly recognizes several situations in which return to origin can be requested.

2. Can the goods be returned before an import declaration is filed?

Yes, qualifying goods that have been presented to Customs but have not yet been declared for a customs procedure may be eligible for return under the applicable rules.

3. What if an import declaration has already been registered?

Return may still be possible where the goods have not entered free circulation and the statutory requirements are satisfied. Cancellation of the relevant declaration may need to be addressed as part of the procedure.

4. What if the goods have already cleared Customs?

The procedure becomes more complicated. Depending on the circumstances, export or re-export rules and any available customs-duty repayment mechanisms should be examined.

5. Can the importer simply send the container back to the supplier?

No. Goods under customs supervision must leave through the appropriate customs procedure.

6. Does returning the goods eliminate a customs penalty?

Not automatically. Any penalty already issued should be analyzed and challenged separately where appropriate.

7. Can the foreign supplier send replacement goods free of charge?

Yes commercially, but the replacement still requires proper customs documentation and customs-value analysis.

8. Who pays storage and demurrage caused by the supplier’s mistake?

That depends on the sales contract, allocation of risk, applicable delivery terms and circumstances of the error. The importer should preserve all invoices for a potential contractual claim.

9. Can the importer return only part of the shipment?

Potentially, depending on the customs status and ability to identify and process the relevant goods separately.

10. What is the most important first step?

Stop the customs process from progressing on incorrect information and establish whether the goods remain eligible for return to origin before their customs status changes.

Client-Focused Legal Support for Wrong Shipments and Re-Export Procedures in Turkey

A supplier sending the wrong product can quickly create a dispute involving:

Return to origin

Re-export

Declaration cancellation

Tariff classification

Origin

Customs valuation

Storage

Demurrage

and replacement shipments.

The earlier the mistake is discovered, the more options the importer may have for returning the goods without unnecessarily completing an import transaction that was never commercially intended.

Fırat Fesih Kaya Law Office assists foreign suppliers, importers, manufacturers and international companies with incorrectly shipped goods, return-to-origin applications, re-export procedures, customs declaration problems and related customs disputes in Turkey.

Lawyer Fırat Fesih Kaya provides legal assistance in determining the customs status of incorrectly supplied goods, coordinating return procedures, addressing declaration cancellation and protecting companies against additional customs and commercial losses.

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

This article is intended for general information and does not constitute legal advice. The correct procedure depends on the customs status of the goods, declaration stage, nature of the supplier error, destination of the returned goods and applicable customs legislation.