

Turkish Customs laboratory assigns a different tariff classification to imported goods. Learn how foreign importers can challenge the laboratory result, request repeat or second analysis, preserve samples and contest resulting customs duties and penalties.
A customs laboratory result can completely change the financial consequences of importing goods into Turkey.
An importer may declare a product under one tariff classification, but after Customs takes a sample and conducts laboratory analysis, the laboratory may determine that the product should fall under a different tariff heading.
That change can affect:
However, the importer does not necessarily have to accept the first laboratory result without challenge.
Turkish customs procedures recognize mechanisms for challenging laboratory findings, including procedures concerning problems originating from the sample and the right to request a second analysis. Ministry guidance specifically warns importers not to confuse these two procedures.
The practical strategy is:
Obtain the laboratory report → identify exactly why the classification changed → verify the sample → compare the declared and laboratory classifications → preserve the witness sample → determine whether repeat analysis or second analysis is appropriate → submit the challenge promptly → calculate historical exposure → challenge resulting assessments separately where necessary.
Tariff classification depends on the objective characteristics of the goods.
For some products, Customs cannot reliably determine characteristics merely from:
Chemical or technical analysis may therefore be necessary.
The Ministry’s tariff guidance confirms that goods may be sent to a customs laboratory where chemical analysis is required to determine their tariff classification.
The supplier may describe a product as:
“Industrial additive.”
But Customs classification may depend on:
The commercial name alone may therefore be insufficient.
Do not rely solely on a customs broker saying:
“The laboratory changed the tariff code.”
Obtain the available laboratory documentation and determine:
The challenge must address the actual technical finding.
Prepare a side-by-side comparison:
Declared tariff code
versus
Laboratory-determined tariff code.
Then identify why the difference matters.
Calculate:
This determines the financial importance of the dispute.
One of the most important questions is:
Did the laboratory actually analyze a sample that correctly represented the imported goods?
An incorrect sample can produce a technically accurate laboratory result for the wrong material.
The Ministry expressly emphasizes that persons whose goods are sent for analysis should ensure that the sample submitted to Customs correctly represents the goods.
Therefore, investigate:
Preserve:
These details may become decisive.
Suppose the shipment contains three production batches.
If Customs sampled only one batch, determine whether that batch genuinely represents the entire shipment.
Differences in:
may affect classification.
Immediately request:
Compare this information with the Customs laboratory result.
Generic product literature may not be enough.
Where possible, obtain the certificate of analysis for the actual batch imported.
The document should correspond with:
For high-value disputes, an independent expert can help determine whether:
Technical and legal classification analysis should be coordinated.
This distinction is important.
A laboratory may determine:
“The product contains 62% substance X.”
The legal question then becomes:
“Which tariff heading applies to a product with those characteristics?”
A company may therefore accept the chemical finding while disputing the tariff classification derived from it.
There are generally three possibilities:
Technical dispute:
The importer says the laboratory result itself is wrong.
Sampling dispute:
The importer says the sample did not represent the imported goods.
Classification dispute:
The importer accepts the technical result but says Customs applied the wrong tariff classification.
The legal strategy differs for each.
Turkish customs procedures provide mechanisms for objecting to laboratory analysis.
The importer should act promptly after learning the result because laboratory objections involve specialized procedural rules.
Do not treat the laboratory report as ordinary correspondence.
This is one of the most important procedural points.
Current Ministry guidance identifies a distinction under Article 588 of the Customs Regulation between:
Confusing these procedures can prejudice the company’s strategy.
Where the objection concerns the sample itself, the importer should assess the procedure for repeating the first analysis.
Examples may include allegations that:
Ministry guidance states that under the relevant procedure the first analysis is repeated using a newly taken sample.
Ministry guidance expressly warns that once a second-analysis application has been made, the sample-related repeat-first-analysis route cannot subsequently be used in the same way.
Therefore, before requesting a second analysis, determine whether the real objection concerns the original sample.
Where the importer disputes the first laboratory result itself, the formal second-analysis procedure may become appropriate.
The company should immediately determine:
The witness sample can become central to the second analysis.
Ministry materials confirm that second analysis is conducted using the witness sample, subject to applicable sample integrity requirements.
Therefore, sample preservation should be addressed immediately.
For second analysis, the integrity and identification of the witness sample can be crucial.
Check whether:
Any problem should be documented.
Certain goods may be analyzed directly rather than through an ordinary separated sample.
Ministry materials recognize that where the first analysis was performed on the goods themselves, the second analysis may also be performed on those goods where the applicable conditions remain satisfied.
The second analysis should not be requested casually.
The Ministry’s tariff guidance states that the second-analysis result is final at the administrative analysis stage and that there is no further administrative objection to that second-analysis result; judicial review must then be considered.
Therefore, the technical file should be prepared before the second analysis.
Do not submit only:
“We disagree with the laboratory.”
Explain:
A focused challenge is stronger.
For 2026, the Ministry determined the second-analysis fee at TRY 2,330 per sample, effective from January 1, 2026.
The company should confirm payment and procedural requirements when filing.
The importer cannot simply choose any private laboratory and replace the statutory customs procedure.
Ministry guidance states that customs laboratory analysis is principally performed by customs laboratories. Where the relevant analysis cannot be carried out there, an appropriate accredited external laboratory may be used under the applicable procedure, with the cost borne by the declarant.
Even where it does not replace the official customs analysis procedure, an independent report may assist in:
Its evidentiary significance depends on the circumstances.
Search previous imports of identical goods.
If Customs previously analyzed the same product and classified it differently, preserve:
Consistency may become an important issue.
The Ministry has previously amended the Customs Regulation so that laboratory reports from qualifying analyses can remain relevant for subsequent declarations for a defined period, subject to applicable conditions. It also recognized circumstances where a later analysis leads to a different classification from an earlier properly conducted customs laboratory result.
Therefore, previous official laboratory findings should never be ignored.
A previous result helps only if the goods are genuinely comparable.
Verify:
A product sold under the same commercial name may have changed.
Prepare an exposure table showing:
Declared classification
Laboratory classification
The difference can determine litigation strategy.
A laboratory classification change may move goods into the scope of an anti-dumping measure.
Therefore, do not analyze only the ordinary customs duty rate.
Check:
A new classification can trigger different:
The classification dispute may therefore affect whether the goods can be released at all.
If Customs adopts the new tariff classification, it may calculate additional customs liabilities.
Review the assessment separately.
Check:
The laboratory report is only one part of the resulting customs decision.
Depending on the facts and applicable customs provisions, the classification difference may result in an administrative penalty.
Do not assume that a classification difference automatically justifies every penalty.
The legal basis for the penalty should be reviewed independently.
The Ministry has recognized circumstances where a properly conducted customs laboratory analysis gave one result and a later analysis concluded that the goods belonged under another tariff classification; relevant regulatory amendments addressed the treatment of penalties and interest in such situations.
This makes previous official laboratory history particularly important.
If the new tariff code increases duties, ask:
How many times have we imported this product under the old code?
Review:
A laboratory dispute involving one container can become a company-wide customs issue.
If additional shipments are approaching Turkey, determine whether they contain the same product.
Prepare the technical file before arrival.
Do not allow the dispute to multiply unnecessarily.
Companies importing the same technically complex product regularly should consider available mechanisms for obtaining greater tariff certainty before future imports.
The Ministry itself advises traders to determine the tariff position of goods before arrival where possible.
If the applicable second-analysis procedure produces a result supporting the importer, request completion of the customs process based on the legally operative result.
Then review:
Preserve the final report carefully.
The administrative laboratory challenge is then substantially narrowed.
Ministry guidance states that the second-analysis result is final for this administrative analysis procedure and that a challenge to it must proceed before the judicial authority rather than through another administrative laboratory objection.
A tariff-classification lawsuit involving laboratory analysis may require examination of:
Prepare the technical file before litigation.
Do not focus exclusively on the laboratory report while ignoring the formal customs consequences.
If Customs subsequently issues:
record its notification date and determine the applicable remedy.
There may be different procedural steps involving:
Create a deadline chart.
Missing one procedure may not necessarily be cured by pursuing another.
While the classification dispute continues, keep records of:
These costs may become commercially significant even if the importer ultimately succeeds.
A successful challenge should not consist merely of arguing that the supplier has always used another tariff code.
The importer should proceed systematically:
Obtain the first laboratory report
→ identify the technical finding
→ verify the original sample
→ determine whether the dispute concerns sampling, analysis or classification
→ preserve the witness sample
→ choose the correct repeat-analysis or second-analysis procedure
→ prepare technical evidence
→ protect procedural deadlines
→ challenge resulting duties and penalties
→ review historical imports
→ consider judicial review if the second analysis remains adverse.
Yes. Turkish customs procedures recognize mechanisms for challenging laboratory findings, including second analysis and, in specific sample-related circumstances, repetition of the first analysis.
No. Ministry guidance expressly treats a sample-related repetition of the first analysis and formal second analysis as separate procedures.
Because Ministry guidance states that once the formal second-analysis route has been used, the sample-related repeat-first-analysis procedure cannot subsequently be pursued in the same sequence.
The second analysis generally relies on the preserved witness sample under the applicable customs procedure, subject to integrity and identification requirements.
The Ministry’s 2026 circular sets the customs laboratory second-analysis fee at TRY 2,330 per sample from January 1, 2026.
Not simply by choosing a private laboratory independently. Customs laboratories are the primary route, while accredited external laboratories may become relevant under the applicable procedure when the required analysis cannot be performed by the customs laboratory.
The company can distinguish between the laboratory’s technical finding and the legal tariff-classification conclusion. A correct chemical result does not necessarily resolve every tariff interpretation question.
Yes. A tariff change may affect customs duties, additional duties, anti-dumping measures and other import requirements.
Ministry tariff guidance states that the second-analysis result is final within the administrative analysis procedure; further challenge to that result is pursued before the judicial authority.
Immediately requesting a second analysis without first determining whether the real problem concerns the original sample, because the distinction and sequence between the available procedures can matter.
A customs laboratory classification dispute can create substantial exposure involving:
Tariff classification
Sampling disputes
Repeat analysis
Second analysis
Anti-dumping duties
Additional customs duties
Product-safety requirements
Administrative penalties
Historical customs exposure
and administrative litigation.
Fırat Fesih Kaya Law Office assists foreign importers, manufacturers and multinational companies facing adverse customs laboratory and tariff-classification decisions in Turkey.
Lawyer Fırat Fesih Kaya provides legal assistance in reviewing laboratory reports, assessing sampling problems, preparing second-analysis challenges, coordinating technical evidence, contesting resulting customs assessments and penalties and pursuing judicial remedies where necessary.
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