Imported Product Fails a Turkish Laboratory Test: Can a Second Test Be Requested? (2026 Updated Guide)

An imported product failed laboratory testing during TAREKS controls in Turkey. Learn whether a second test can be requested, how importers can challenge laboratory findings, and what evidence should be preserved.

When an imported product fails a laboratory test during TAREKS or another product-safety import control in Turkey, the importer should not automatically assume that the shipment is permanently rejected. Depending on the applicable product group, technical regulation, control procedure and stage of the file, a second examination, further analysis, technical objection or another review mechanism may be available. The critical point is to act quickly because procedural periods may be short while storage, demurrage and detention charges continue to increase.

Does a Failed Laboratory Test Automatically End the Import Process?

Not necessarily. A negative laboratory result is an important technical finding, but the importer should first determine exactly what was tested, which technical standard was applied, which parameter failed and what legal consequence the applicable import-control legislation attaches to that result. A failed test should therefore be analyzed technically and procedurally before the importer accepts the final outcome.

Can the Importer Request a Second Test?

Potentially, yes. Depending on the applicable control procedure, the importer may have access to a second analysis, further technical examination, objection or review mechanism. However, there is no single rule that should be assumed to apply identically to every TAREKS-controlled product. The importer should immediately examine the legislation governing the specific product and the notification accompanying the laboratory result.

First Obtain the Complete Laboratory Result

The importer should obtain the complete test result rather than relying on a statement from the customs broker that the product “failed the laboratory.” The file should identify the laboratory, tested product, model, sample information, applicable standard, test method, tested parameters and precise reason for non-compliance. Without this information, it is difficult to determine whether a second test would actually address the problem.

Check Whether the Correct Product Was Tested

Sample identification is critical. Compare the tested sample with the commercial invoice, packing list, TAREKS application, product model, batch number and serial number where available. If the laboratory tested a different model or the sample cannot reliably be connected with the imported shipment, this may become an important part of the challenge.

Review the Sampling Procedure

The importer should preserve records showing when the sample was taken, how much was taken, which package or batch it came from and how it was identified. Where the product’s condition can change during transport or storage, the chain between sampling and laboratory testing may become particularly important.

Was the Correct Technical Standard Applied?

A product may appear to fail because the wrong technical standard, incorrect standard version or inappropriate test method was applied. The importer should compare the applicable Turkish technical legislation with the standard identified in the laboratory report. This analysis is particularly important where standards have recently changed.

Compare the Foreign and Turkish Test Reports

If the foreign manufacturer previously tested the same product successfully, compare both reports carefully. The analysis should cover the tested model, production batch, laboratory accreditation, standard version, test method, technical thresholds and testing conditions. A foreign report does not automatically override the Turkish result, but conflicting results can justify closer technical examination.

Manufacturer Evidence Can Be Critical

The foreign manufacturer should immediately provide the complete technical file, product specifications, existing laboratory reports, conformity documentation, production records and an explanation addressing the failed parameter. If several models belong to the same product family, the manufacturer should also explain whether technical differences between models affect the test result.

Technical Expert Assistance May Be Necessary

Some laboratory disputes cannot be resolved solely through legal submissions. If the disagreement concerns electrical safety, machinery, chemicals, textiles, construction products or another specialized field, an independent technical expert may need to examine whether the test method and result are scientifically consistent with the product.

Do Not Modify the Goods Before the Review Is Completed

The importer should not independently repair, modify, relabel or replace the tested goods while they remain under customs or product-safety control. If corrective action is legally possible, it should be performed through the appropriate procedure and documented transparently.

A Second Test Should Involve the Correct Sample

If another analysis is available, the identity of the second sample should be carefully documented. The importer should determine whether the applicable procedure uses a retained sample, another sample from the same shipment or another legally prescribed method. The objective is to prevent a later dispute over whether the first and second tests concerned comparable products.

What If the Second Test Produces a Different Result?

A conflict between two laboratory results should trigger a detailed technical review. The company should compare the samples, test methods, standards, equipment, tolerances and testing conditions. The legal consequence of conflicting results will depend on the applicable control procedure rather than a general assumption that either the first or second result automatically prevails.

What If the Second Test Also Fails?

If further examination confirms non-compliance, the importer should determine the available legal and customs options. Depending on the applicable legislation and status of the goods, the consequences may include refusal of importation, corrective procedures where legally permitted, re-export or other measures prescribed by the relevant product-safety rules.

Obtain the Formal Administrative Decision

A laboratory report and the final administrative decision are not necessarily the same document. If importation is refused, the importer should obtain the formal decision and identify the competent authority, legal basis, notification date and available challenge procedure. Procedural deadlines should be calculated from the legally relevant notification rather than informal conversations.

Can the Laboratory Result Be Challenged?

Potentially. A challenge may focus on sample identity, sampling procedure, applicable technical standard, test methodology, laboratory competence, model identification, technical interpretation or procedural irregularity. The strongest challenges generally combine legal arguments with technical evidence rather than merely stating that the importer disagrees with the result.

Storage and Demurrage Must Be Managed at the Same Time

While the technical dispute continues, the goods may remain at the port or temporary storage facility. The importer should record storage, demurrage, detention, terminal and warehouse charges from the beginning. Commercial requests for additional free time or charge reductions should also be made promptly where available.

Document Every Day of Delay

Maintain a chronology showing the TAREKS application date, sampling date, first laboratory result, objection date, second-test request, additional document submissions and final decision. This record may become important if the importer later argues that excessive administrative delay caused additional financial losses.

Can Storage Losses Be Recovered?

Potentially in appropriate circumstances, but reimbursement is not automatic. A compensation claim may require evidence of unlawful administrative conduct, actual financial loss, causation and reasonable mitigation by the importer. Therefore, invoices, payment records, carrier tariffs and correspondence should be preserved while the dispute is ongoing.

Foreign Supplier Liability Should Also Be Reviewed

If the product genuinely fails mandatory Turkish requirements despite the supplier having guaranteed compliance, the Turkish importer may have contractual claims against the foreign manufacturer or seller. Relevant contractual provisions may include product-compliance warranties, technical-document obligations, indemnification clauses and cooperation obligations.

Review Other Shipments Immediately

A failed laboratory test involving one product should trigger an immediate review of identical goods already in transit or awaiting shipment. If the problem is systemic, continuing imports without investigation can multiply storage costs and regulatory exposure. Historical imports using the same model and technical documentation may also need to be reviewed, although one failed shipment does not automatically prove that every previous shipment was non-compliant.

Immediate Action Plan

When an imported product fails a Turkish laboratory test, the importer should immediately obtain the complete laboratory report, identify the failed parameter, confirm the sample and model, verify the applicable technical standard, compare foreign test evidence, contact the manufacturer, determine whether a second analysis or technical review is available, preserve all procedural deadlines, document storage costs and prepare both the technical and legal challenge. If the product ultimately proves non-compliant, supplier recovery and alternative customs options should be considered without delay.

Frequently Asked Questions

Can an importer always request a second laboratory test?

No. The availability and procedure for a second analysis or further technical review depend on the specific product, applicable legislation and control procedure.

Does failing the first laboratory test automatically mean the goods cannot be imported?

Not necessarily. The procedural consequence should be determined under the applicable product-safety rules, including any available review or further-analysis mechanism.

What should be checked before requesting another test?

The importer should verify the tested model, sample identity, applicable standard, standard version, test method and exact failed parameter.

What if a foreign laboratory says the product complies?

The foreign report should be compared with the Turkish result. Differences in samples, standards, test methods or model coverage may explain the conflicting findings.

Can the importer challenge the sampling procedure?

Potentially, where there is evidence that the wrong product was sampled, identification was inadequate or another material procedural problem affected the reliability of the test.

Can a technical expert be used?

Yes. Technical expert evidence can be particularly valuable where the dispute concerns the interpretation of testing methodology or conflicting laboratory results.

What happens if the second analysis also confirms non-compliance?

The importer should examine the final administrative decision and available options, which may include a legal challenge, re-export or other measures permitted under the applicable product-control framework.

Should the importer keep paying storage charges while challenging the result?

Commercial charges may continue while goods remain stored. The importer should therefore pursue available mitigation with carriers and terminal operators while protecting its regulatory remedies.

Can losses be claimed from the foreign manufacturer?

Potentially, where the supplier guaranteed regulatory compliance or supplied goods that do not meet agreed specifications. The supply contract and governing law should be reviewed.

What is the most important step after receiving a failed test result?

The importer should immediately determine exactly why the product failed and whether a second analysis, technical review or objection mechanism is available before the relevant procedural period expires.

Client-Focused Legal Support for TAREKS Laboratory Disputes

A failed Turkish laboratory test can create simultaneous problems involving TAREKS controls, product safety, customs clearance, second-analysis procedures, storage and demurrage costs, administrative challenges and foreign supplier liability. Fırat Fesih Kaya Law Office assists foreign manufacturers, international exporters and Turkish importers in managing these disputes.

Lawyer Fırat Fesih Kaya provides legal assistance in reviewing laboratory findings, sampling procedures and technical documentation, coordinating evidence with foreign manufacturers and technical experts, challenging adverse administrative decisions and evaluating contractual claims where imported products fail Turkish regulatory requirements.

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