Issue with certification agency on exports to China

Below is a question raised by a reader on this site..

Hi.

We recently exported (FOB) a small consignment of Copper concentrate to China.

At the warehouse we had 2 piles separated from each other, with Pile 1 comprising Cu fines being tested by a Chinese state owned certification agency with no red flags raised. the 2 piles were a considerable distance apart.

Subsequent to this, the buyer requested we appoint another international certification agency to inspect, weigh and label the bags comprising pile 1.

We complied and appointed them, identified pile 1 (together with representatives from the warehouse).

What transpired after the containers were sealed and loaded into the containers by the certification agent, it was confiscated in China, for possibly containing waste material.

The buyer is adamant we must pay the fine (if any is imposed by Customs).

We first suspected theft, but now realised that the certification company included material from pile 2 and is evasive on our complaint to them.

We can prove the certification agent was in the wrong here.

What is the best way forward with the certification agency and how do we deal with Chinese customs.

All comments welcome..

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