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:

• Customs authorities;
• Temporary-storage operator;
• Customs warehouse operator;
• Port or terminal operator;
• Carrier;
• Handling company;
• Surveyor or contractor;
• Supplier;
• Cargo insurer.

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.

1. Physical Customs Inspection Can Involve Handling of Goods

Customs inspection may require the authorities to verify whether the actual shipment corresponds with the customs declaration.

Depending on the goods, this can involve:

• Opening packages;
• Breaking or checking seals;
• Removing goods from packaging;
• Moving pallets;
• Weighing;
• Counting;
• Sampling;
• Technical examination.

The importer should therefore document the condition of valuable goods before extensive physical examination whenever practically possible.

2. Damage During Customs Control Does Not Automatically Mean Customs Is Liable

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:

• Port terminal;
• Temporary-storage facility;
• Customs warehouse;
• Container yard.

The party physically handling the cargo may not be the customs administration.

Liability therefore requires a custody and causation analysis.

3. Determine Exactly When the Damage Occurred

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.

4. Inspect the Goods Immediately

If damage is discovered during or immediately after Customs inspection, do not simply collect the goods and leave.

Document:

• Damaged components;
• Packaging;
• Pallets;
• Container;
• Seals;
• Serial numbers;
• Visible impact points;
• Broken packaging.

Photographs and videos should clearly show the condition.

5. Obtain an Official Damage Record

An importer should seek written documentation of the damage as soon as possible.

The record should ideally identify:

• Declaration number;
• Shipment;
• Product;
• Quantity affected;
• Date;
• Location;
• Nature of damage;
• Persons present.

A contemporaneous record is substantially stronger than a complaint submitted weeks later.

6. Preserve the Packaging

Do not immediately discard:

• Broken boxes;
• Crates;
• Pallets;
• Protective material;
• Seals.

Packaging may reveal whether the damage resulted from:

• Forklift impact;
• Dropping;
• Improper opening;
• Water exposure;
• Crushing;
• Incorrect repacking.

This evidence can become central to a compensation claim.

7. Preserve Container Evidence

For containerized cargo, obtain:

• Container number;
• Seal number;
• Arrival condition;
• Photographs;
• Unloading records.

If the container itself shows external damage, the loss may have occurred before customs inspection.

8. Review Pre-Arrival Evidence

Collect evidence showing the goods’ condition before arrival in Turkey.

Useful material may include:

• Supplier photographs;
• Loading photographs;
• Factory inspection report;
• Packing report;
• Survey certificate;
• Container stuffing records;
• Pre-shipment inspection.

This can help exclude pre-existing damage.

9. Check Whether Damage Existed Before Customs Inspection

A company should not automatically accuse Customs.

The goods may have been damaged:

• During manufacturing;
• During loading;
• At the foreign port;
• During sea or road transportation;
• During unloading in Turkey.

Compare all available evidence.

10. Obtain Customs Inspection Records

Determine:

• When the inspection began;
• When packages were opened;
• What goods were moved;
• Whether samples were taken;
• Who was present;
• What handling equipment was used.

The inspection chronology may help establish causation.

11. Identify Who Physically Handled the Goods

This is often decisive.

Ask whether the goods were physically moved by:

• Customs personnel;
• Warehouse employees;
• Port workers;
• Handling contractor;
• Customs broker personnel;
• Another service provider.

The authority supervising the process and the person physically handling the goods may be different.

12. Warehouse Responsibility Should Be Investigated

If goods were stored in a customs warehouse or temporary-storage facility, determine whether the damage occurred during:

• Storage;
• Internal movement;
• Forklift handling;
• Opening;
• Repacking.

Request relevant warehouse records immediately.

13. Request CCTV Preservation

Many ports and warehouses use camera systems.

If damage is discovered, immediately request preservation of relevant footage.

Specify:

• Date;
• Approximate time;
• Container;
• Storage location;
• Inspection area.

Do not wait several months because recordings may not be retained indefinitely.

14. Obtain an Independent Survey

For valuable goods, appointing an independent surveyor can be extremely important.

The survey should examine:

• Nature of damage;
• Probable cause;
• Repairability;
• Replacement requirements;
• Salvage value;
• Commercial depreciation.

The report should distinguish between physical damage and resulting economic loss.

15. Machinery Requires Technical Examination

For imported machinery, visible damage may not reveal the full problem.

A dropped or incorrectly handled machine may suffer:

• Alignment problems;
• Electronic damage;
• Internal fractures;
• Calibration loss;
• Structural deformation.

Obtain a manufacturer or qualified technical assessment.

16. Electronics Require Special Evidence

Electronic products can suffer hidden damage from:

• Moisture;
• Electrostatic discharge;
• Impact;
• Incorrect handling;
• Temperature changes.

Do not rely only on exterior photographs.

Testing may be required.

17. Perishable Goods Require Immediate Action

For food, pharmaceuticals or temperature-sensitive goods, record:

• Temperature;
• Storage conditions;
• Time outside controlled environment;
• Packaging condition;
• Expiry date.

A delay in documenting the condition can make causation difficult to prove.

18. Customs Sampling Can Cause Limited Physical Alteration

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.

19. Was the Damage Necessary for Inspection?

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.

20. Record Any Objection Immediately

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.

21. Notify Customs in Writing

Where there is a reasonable basis to believe that damage occurred during customs examination, submit a written notification promptly.

Identify:

• Goods;
• Declaration;
• Inspection;
• Damage;
• Date discovered;
• Available evidence.

Request preservation of relevant official records.

22. Notify the Warehouse or Terminal

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.

23. Notify the Carrier

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.

24. Notify the Cargo Insurer

Cargo insurance should be notified promptly.

Provide:

• Policy information;
• Shipment documents;
• Photographs;
• Damage report;
• Survey information.

Do not repair or dispose of damaged goods before coordinating necessary evidence preservation.

25. The Insurer May Pursue the Responsible Party

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.

26. Supplier Liability Should Also Be Considered

The supplier may be responsible where damage resulted from inadequate:

• Packaging;
• Crating;
• Moisture protection;
• Shock protection;
• Loading.

Review the sales agreement and applicable delivery terms.

27. Incoterms Can Be Relevant but Do Not Answer Every Question

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.

28. Calculate the Direct Physical Loss

Potential direct loss may include:

• Repair costs;
• Replacement parts;
• Replacement value;
• Technical inspection;
• Recalibration;
• Reinstallation.

Obtain written quotations.

29. Calculate Commercial Depreciation

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.

30. Document Consequential Commercial Losses

Damage can also cause:

• Production interruption;
• Delayed factory commissioning;
• Missed customer deliveries;
• Emergency replacement purchases;
• Additional freight.

Keep these losses separately documented.

31. Not Every Commercial Loss Is Automatically Recoverable

Even if liability for physical damage is established, recovery of indirect or consequential losses may require separate analysis concerning:

• Causation;
• Foreseeability;
• Applicable legal regime;
• Evidence;
• Mitigation.

Therefore, avoid assuming that every business loss will automatically be compensated.

32. Mitigate the Damage

Take reasonable measures to prevent the loss from increasing.

For example:

• Protect exposed goods;
• Arrange emergency storage;
• Prevent moisture damage;
• Obtain temporary replacement equipment;
• Separate damaged from undamaged goods.

Document mitigation expenses.

33. Do Not Repair Too Early

For high-value goods, immediate repair may destroy evidence.

Before repair:

1. Photograph the damage.
2. Obtain a survey.
3. Notify responsible parties.
4. Notify the insurer.
5. Preserve damaged parts where appropriate.

Then proceed with commercially necessary repairs.

34. Customs Value May Need Separate Consideration

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.

35. Do Not Pay Duties Based on Incorrect Facts Without Review

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.

36. Can Customs Authorities Be Liable?

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.

37. Administrative Compensation Remedies May Become Relevant

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:

• Official records;
• Photographs;
• Survey report;
• Custody chronology;
• Valuation evidence;
• Causation evidence.

38. Warehouse or Private Operator Claims May Follow a Different Route

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.

39. Several Parties Can Potentially Be Involved

A single loss may involve overlapping responsibility.

For example:

• Carrier damaged the outer crate;
• Warehouse worsened the damage;
• Inspection revealed the problem.

The company should not prematurely pursue only one party without reconstructing the complete chain.

40. Avoid Signing an Unqualified Receipt

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.

41. Preserve All Financial Evidence

Maintain:

• Commercial invoice;
• Purchase agreement;
• Payment records;
• Repair quotations;
• Replacement invoices;
• Survey costs;
• Storage charges;
• Emergency freight costs.

The amount of loss must be proved as carefully as liability.

42. Create a Custody Matrix

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.

43. High-Value Claims Should Be Investigated Immediately

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.

44. Do Not Confuse Damage Liability With a Customs Dispute

The shipment may simultaneously involve:

• Customs inspection;
• Tariff dispute;
• Laboratory analysis;
• Physical damage;
• Insurance claim.

Handle each issue separately while maintaining one consistent factual chronology.

45. The Key Question Is Custody and Causation

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.

25-Point Emergency Damage Checklist

1. Stop unnecessary handling.
2. Photograph the goods.
3. Record video.
4. Photograph packaging.
5. Photograph container condition.
6. Record container number.
7. Record seal number.
8. Identify damaged units.
9. Record serial numbers.
10. Obtain the customs inspection record.
11. Obtain a written damage record.
12. Identify everyone present.
13. Identify who physically handled the goods.
14. Request CCTV preservation.
15. Preserve packaging.
16. Preserve damaged components.
17. Appoint an independent surveyor.
18. Obtain a technical assessment.
19. Notify Customs.
20. Notify the warehouse or terminal.
21. Notify the carrier where appropriate.
22. Notify the cargo insurer.
23. Obtain repair and replacement quotations.
24. Calculate commercial losses.
25. Preserve the complete custody chronology.

Frequently Asked Questions

1. Is Turkish Customs automatically liable if goods are damaged during inspection?

No. The importer must determine when the damage occurred, who physically handled the goods and what caused the damage.

2. What should the importer do immediately?

Photograph the damage, obtain a written record, preserve packaging and request preservation of relevant CCTV and inspection records.

3. Can the customs warehouse be responsible?

Potentially. If damage occurred during storage, movement or handling by the warehouse operator, its responsibility should be investigated separately.

4. What if the goods were already damaged during transportation?

The carrier, supplier or another logistics party may be responsible depending on the circumstances and applicable contractual or transport rules.

5. Should an independent surveyor inspect the goods?

For high-value or technically complex cargo, an independent survey can be extremely important for establishing cause, repair costs and depreciation.

6. Can the importer repair the goods immediately?

Emergency mitigation may be necessary, but evidence should first be preserved wherever practicable through photographs, technical reports and survey documentation.

7. Can the company claim production losses?

Potentially, but consequential losses require separate proof of causation, amount and legal recoverability.

8. Should the cargo insurer be notified?

Yes, where relevant coverage may exist. Early notification also helps preserve evidence and potential subrogation rights.

9. Can damage affect customs duties?

Potentially, depending particularly on when the damage occurred and the customs status of the goods. Customs valuation and compensation should be analyzed separately.

10. What is the most important evidence?

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.

Client-Focused Legal Support for Goods Damaged During Customs Inspection in Turkey

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