Import Surveillance Measure Increases Import Costs in Turkey: What Can Foreign Companies Do? – 2026 Legal Guide

Turkish Import Surveillance Measures | 2026 Legal Options

Learn how foreign companies can challenge Turkish import surveillance measures, reduce customs costs and protect their supply chains in 2026.

Import surveillance measures in Turkey can significantly increase the cost of imported goods. Even when the foreign exporter sells at a genuine commercial price, a product-specific surveillance communiqué may require additional documentation, a surveillance certificate or the use of a reference value for customs calculations.

The financial effect may include higher customs duty, import VAT, guarantees, storage charges, financing costs and delayed clearance. Foreign manufacturers, exporters and Turkish importers should review the applicable measure before shipment and challenge unlawful assessments promptly.

What Is an Import Surveillance Measure?

An import surveillance measure is a trade-policy instrument used to monitor imports of specified products. The measure is generally introduced through a product-specific communiqué and may require the importer to obtain a surveillance document before customs clearance.

Depending on the applicable rules, the measure may:

• Require a surveillance certificate;
• Set a reference or minimum import value;
• Trigger additional documentation;
• Increase the customs value used for tax calculations;
• Delay customs clearance;
• Require a guarantee or security;
• Generate higher import VAT;
• Increase storage and demurrage costs.

The exact consequences depend on the product, tariff classification, country of origin, customs regime and communiqué in force on the declaration date.

Foreign companies should monitor the Ministry of Trade’s official import and trade-defence resources and verify the relevant communiqué through the Official Turkish Legislation Portal.

Why Does Import Surveillance Increase Costs?

The main commercial problem arises when the actual transaction price is lower than the reference value specified for surveillance purposes.

A low invoice price may be commercially genuine because of:

• Volume discounts;
• Promotional pricing;
• End-of-season sales;
• Product defects;
• Special customer terms;
• Research and development units;
• Used or refurbished equipment;
• Long-term supply contracts;
• Differences in quality or specifications;
• Currency fluctuations.

However, the surveillance mechanism may still increase the customs value or require additional formalities. This can increase:

• Customs duties;
• Import VAT;
• Special consumption taxes, where applicable;
• Customs guarantees;
• Warehouse charges;
• Financing costs;
• Demurrage and detention;
• Distributor prices;
• Production costs in Turkey.

A foreign exporter should therefore assess the landed cost before signing a supply contract.

Import Surveillance Is Not the Same as Anti-Dumping

Import surveillance does not necessarily mean that the exporter is accused of dumping, subsidy or unfair trade.

An anti-dumping duty is linked to an investigation into export price, normal value, injury and causation. Import surveillance is generally a monitoring and customs-control mechanism based on a product-specific decision.

Nevertheless, the two systems may interact. Import statistics collected through surveillance can later be used to assess market trends, import increases or possible trade-remedy concerns.

2026 Legal Framework

The applicable rules may change through new or amended communiqués. In 2026, foreign companies should not rely on an old surveillance threshold or previous customs practice without checking the current text.

The company should verify:

• The current tariff code;
• Product description;
• Reference value;
• Country coverage;
• Surveillance-document requirement;
• Exemptions;
• Effective date;
• Transitional provisions;
• Customs valuation consequences;
• Application procedure.

The Ministry’s current announcements and import legislation should be reviewed before each significant shipment. A product may be removed from surveillance, placed under a new communiqué or assigned a different threshold.

First Step: Identify the Correct Tariff Classification

A wrong tariff code can create unnecessary surveillance costs or expose the importer to customs penalties.

The exporter and importer should examine:

• Product materials;
• Technical characteristics;
• Function;
• Capacity;
• Degree of processing;
• Components;
• Intended use;
• Packaging;
• Whether the product is new, used or refurbished;
• Whether spare parts are classified separately.

A binding tariff information application or a written customs classification opinion may provide greater certainty where available. Product catalogues, technical drawings, laboratory reports and photographs should be preserved.

Apply for a Surveillance Certificate Where Required

Where the relevant communiqué requires a surveillance certificate, the importer should apply before the goods arrive whenever possible.

The application may require:

• Importer information;
• Product details;
• Tariff code;
• Quantity;
• Invoice value;
• Country of origin;
• Country of export;
• Supplier information;
• Customs office;
• Supporting commercial documents.

Errors in the application can delay clearance. The importer should ensure that the certificate, invoice, packing list and customs declaration contain consistent descriptions and quantities.

A foreign exporter should provide the Turkish importer with accurate product and pricing information early enough to complete the application.

Challenge an Incorrect Reference Value

The reference value may not reflect the actual commercial value of a particular product. The importer or exporter should consider challenging the assessment where:

• The wrong product category was used;
• The tariff code is incorrect;
• The goods fall outside the communiqué;
• The product is defective or used;
• The price includes legitimate discounts;
• The goods are prototypes or samples;
• The reference value is applied retroactively;
• The customs calculation ignores relevant legal provisions;
• The transaction value is rejected without adequate reasoning.

The challenge should be supported by invoices, contracts, price lists, technical evidence, independent market data and explanations of the commercial circumstances.

Customs Objection and Refund Options

If customs assesses additional duty or tax, the importer may have the right to object to the customs decision under the applicable customs legislation.

The importer should immediately review:

• The date of notification;
• The legal basis of the assessment;
• The tariff code;
• The customs value;
• The surveillance communiqué;
• The calculation of duty and VAT;
• Any guarantee requirement;
• The applicable objection deadline.

If excess duty or tax has already been paid, a refund or correction application may be possible, subject to the conditions and deadlines applicable to the declaration.

A customs objection may address the individual assessment, but it may not automatically invalidate the underlying communiqué. In some cases, a separate administrative court action is required.

Administrative Court Challenge

A surveillance communiqué or individual customs assessment may potentially be challenged before the administrative courts.

Possible grounds include:

• Incorrect tariff classification;
• Product outside the scope;
• Defective publication or notification;
• Retroactive application;
• Lack of legal authority;
• Inadequate reasoning;
• Disproportionate financial burden;
• Failure to consider transaction-specific evidence;
• Violation of customs valuation principles;
• Failure to respect legitimate expectations.

The competent court and filing deadline depend on the legal nature of the act. Foreign companies should not assume that a generic administrative deadline applies without reviewing the specific notice.

Request for Suspension of Execution

Where an unlawful surveillance measure threatens to stop production or cause serious commercial damage, the importer may consider requesting suspension of execution together with an annulment action.

Evidence may include:

• Production shutdown risk;
• Perishable or time-sensitive goods;
• Irreplaceable machinery;
• Contractual penalties;
• Loss of customers;
• Demurrage and storage exposure;
• Cash-flow crisis;
• Inability to recover the additional tax;
• Disruption of essential supply chains.

A lawsuit alone does not automatically suspend the customs assessment or collection. A separate and well-supported suspension request may be necessary.

Use Alternative Customs Regimes

Depending on the transaction, the company may assess whether an alternative customs regime is available, such as:

• Inward processing;
• Temporary importation;
• Bonded warehousing;
• Transit;
• Re-export arrangements;
• Investment-related customs incentives;
• Processing for foreign customers.

Eligibility depends on the product, intended use, documentation and applicable authorisations. A foreign company should obtain advice before restructuring the shipment route or customs regime.

Using an alternative regime without meeting its conditions may create additional duty, penalty and guarantee exposure.

Contractual Protection Against Surveillance Costs

Foreign exporters and Turkish importers should address surveillance risks in commercial contracts.

Important clauses may cover:

• Responsibility for customs duties;
• Responsibility for surveillance certificates;
• Price-adjustment mechanisms;
• Change-in-law provisions;
• Delivery delays;
• Demurrage allocation;
• Product classification warranties;
• Documentation obligations;
• Indemnification;
• Force majeure;
• Termination rights;
• Dispute resolution.

A contract should specify which party bears the cost if a new communiqué increases customs value or requires a previously unnecessary document.

Evidence Foreign Companies Should Preserve

A foreign company should maintain:

• Commercial invoices;
• Purchase orders;
• Supply agreements;
• Product catalogues;
• Technical specifications;
• Price lists;
• Discount policies;
• Freight and insurance records;
• Certificates of origin;
• Packing lists;
• Bills of lading;
• Customs declarations;
• Payment records;
• Cost-accounting reports;
• Correspondence with the importer;
• Evidence of product condition;
• Market-price comparisons.

These documents help demonstrate that the declared price is genuine and that the goods are correctly classified.

Common Mistakes to Avoid

Foreign companies should avoid:

• Using an outdated tariff code;
• Waiting until arrival to review surveillance requirements;
• Issuing an invoice inconsistent with the packing list;
• Treating the reference value as the actual commercial price;
• Applying discounts without written support;
• Changing product descriptions between documents;
• Relying only on a broker’s verbal opinion;
• Ignoring a customs notification;
• Missing the objection deadline;
• Assuming payment prevents later recovery;
• Changing the shipment route without legal analysis.

How Fırat Fesih Kaya Law Office Can Help

Import surveillance disputes often involve customs law, administrative law, tariff classification, valuation, tax and commercial contracts at the same time.

Fırat Fesih Kaya Law Office assists foreign manufacturers, exporters and importers with:

• Surveillance-document applications;
• Tariff classification;
• Customs valuation disputes;
• Refund and correction applications;
• Customs objections;
• Administrative court actions;
• Suspension-of-execution requests;
• Contractual duty allocation;
• Supply-chain risk management.

Lawyer Fırat Fesih Kaya can coordinate the legal, customs and commercial aspects of the dispute for international companies operating in Turkey.

Practical Checklist

Before shipping goods to Turkey, the company should:

• Check the current surveillance communiqué;
• Confirm the tariff code;
• Compare the product with the official scope;
• Calculate the reference-value impact;
• Confirm whether a surveillance certificate is required;
• Align invoice and customs descriptions;
• Document discounts;
• Prepare technical documents;
• Coordinate with the Turkish importer;
• Review alternative customs regimes;
• Check contractual duty allocation;
• Record all deadlines;
• Seek legal advice before customs clearance.

Frequently Asked Questions (FAQ)

1. What is import surveillance in Turkey?

It is a product-specific monitoring and customs-control mechanism that may require a surveillance certificate or apply a reference value for certain imports.

2. Does import surveillance mean that the exporter is accused of dumping?

No. Import surveillance and anti-dumping investigations are different legal mechanisms, although surveillance data may later be used in trade-policy assessments.

3. Why can import VAT increase under surveillance?

If the customs value used for tax purposes is increased under the applicable rules, import VAT and other value-based charges may also increase.

4. Can a foreign exporter challenge the surveillance measure?

Potentially, yes. Scope objections, customs objections, refund applications and administrative court proceedings may be available.

5. Is a surveillance certificate always required?

No. The requirement depends on the product-specific communiqué, tariff code, value and applicable exemptions.

6. Can legitimate discounts be recognised?

They may be recognised where properly documented and legally relevant. Contracts, price lists, credit notes and payment evidence are important.

7. What happens if the importer does not obtain the required certificate?

Clearance may be delayed, additional security may be required or the shipment may face a customs assessment based on the applicable surveillance rules.

8. Can a wrong tariff classification create extra costs?

Yes. An incorrect classification may place goods within a surveillance measure or result in an inaccurate reference value and customs calculation.

9. Can excess customs payments be recovered?

A correction or refund application may be possible, subject to the relevant customs rules, evidence and deadlines.

10. When should a foreign company obtain legal advice?

Before shipment or immediately after receiving a customs notification. Early review can prevent clearance delays and preserve objection and litigation rights.

Legal Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws and regulations may change, and each case depends on its specific facts. For advice regarding your situation, consult a qualified lawyer.

This article is intended for general informational purposes only. To avoid any loss of rights, we recommend consulting your lawyer regarding your specific circumstances.

Expert Legal Support

Specialist legal support is essential when an import surveillance measure increases the cost of goods in Turkey. Fırat Fesih Kaya Law Office provides professional assistance to foreign companies regarding customs valuation, tariff classification, surveillance certificates, customs objections, refunds and administrative court proceedings.

Lawyer Fırat Fesih Kaya assists international manufacturers, exporters and importers in protecting market access and reducing avoidable customs risks.

Office: +90 312 434 22 22
Mobile / WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, 06520 Balgat, Çankaya, Ankara, Turkey