How to import samples for tests before the documents are issued

Almost every importer finds themselves in this situation at the first delivery: to issue a declaration of conformity, you need test reports, for the test reports you need samples, and samples are also an import, and customs asks for documents of conformity. The circle is closed. The rules provide a way out, but it works only if you prepare in advance.

Why the circle appears at all

Products that are subject to mandatory requirements are placed under customs procedures when the documents of conformity are presented. The rule is reasonable: it does not let unconfirmed goods onto the market. But the tests are carried out in the territory of the Union, in an accredited laboratory, so the sample must physically cross the border before the document exists.

This is why the rules have a separate basis: specimens and samples that are imported for studies and tests are not accompanied by documents of conformity. In return, the customs authority is given a justification that explains why these are samples and for what purpose they are imported.

What counts as a sample

The line between a sample and a commercial batch is drawn not by quantity but by purpose, but quantity is exactly the main sign by which the purpose is checked.

From this follows a practical rule: the number of samples is not taken from the air and is not rounded up “just in case”. It comes from the method: how many units are needed for each indicator, taking into account that some tests are destructive. The same calculation then goes into the justification.

What to prepare in advance

The key point here is that the wording must match. If the letter says “samples of LED lamps, 6 pcs” and the invoice says “lamps, 6 pcs” with a trade mark-up and payment terms as in an ordinary deal, the inspector has a reasonable question about what exactly has arrived.

The value of samples and customs payments

A sample being free of charge does not mean that its value in the declaration is zero. For customs purposes the value is still determined, and the payments are calculated. To state a symbolic price of “1 dollar for everything” in order to save money is a bad idea: an understated value attracts attention faster than anything else, and the proceedings will cost more than you saved.

A sensible approach is to state the real production cost of a unit. It is usually small, the payments on it are small, and it raises no questions.

When samples will not help

There are categories where a separate import procedure exists and one letter is not enough: products that need state registration, medical devices and products of animal origin. Samples are imported there as well, but under their own rules, with additional permits. When you plan the schedule, take this difference into account at once. Otherwise the schedule will move by weeks.

What to do if the samples are already stuck

1. Find the exact reason: the absence of a document of conformity, a discrepancy in the description, or a question about the value. Everything else depends on this.
2. Collect the missing justification: the contract with the laboratory and a letter with the calculation of the quantity by the method.
3. If the discrepancy is in the sender’s documents, request a corrected invoice. This is faster than proving that “something else was meant”.
4. Do not try to re-document the samples as an ordinary batch: without a document of conformity this is a dead end and not a way round.

Similar scenarios, where the name in the documents does not match the actual goods, are covered in detail in the article on mistakes that delay a shipment.

How to build this into the delivery schedule

Importing samples is not a separate task but the first step in preparing for the delivery. If you plan from the end, the order is as follows: determine the applicable regulations and the set of tests; from the set of tests, get the number of samples; prepare the shipment for this number; and only then agree the terms of the main batch with the supplier. The opposite order, with the contract and prepayment first and the clarification of the requirements afterwards, is the main reason for missed deadlines.

How to build the whole route, from negotiations with the factory to the sale, is explained in the article on importing from China. The rules of sample selection and of issuing the record are in the article on sample selection.

Typical mistakes

• Samples are ordered before the set of tests is determined, and the wrong quantity is brought in
• They are sent by express delivery as an ordinary commercial parcel
• A zero or symbolic value is stated in the invoice
• The description in the letter and in the invoice differs, in the name, the model or the quantity
• The contract with the laboratory is signed only after the cargo has reached the border
• People forget that some tests are destructive, and there are not enough samples for a repeat check

Action plan

1. Determine the applicable regulations and the form of conformity assessment for the goods.
2. Agree with the laboratory the set of tests and the necessary number of samples.
3. Sign the contract or get an application with the details of the laboratory.
4. Prepare the justification letter and agree the invoice wording with the supplier.
5. Send the samples after checking that the descriptions match in all documents.
6. After the tests, receive the test reports and move on to issuing the document for the main batch.