One Market Street
Spear Tower; Ste 3600
San Francisco, CA 94105
515 South Flower Street, Ste. 3600.
Los Angeles, CA 90071
University of California at Hastings College of the Law
California State Bar Association
American Bar Association (Chair, Customs Law Committee, International Section, 8/2006 – 8/2008; Chair, Customs Law Subcommittee on First-Sale Valuation Commentary, 2008; Vice-Chair/Senior Adviser, Customs Law Committee, 8/2012 – 8/2013; Vice-Chair, China Law Committee, International Section, 8/2008 – 8/2009; Vice-Chair, Customs Law Committee, 8/2004 – 8/2006, 2012.)
U.S. Court of International Trade (Advisory Committee on Court Rules, 2008; Electronic Case Filing and Case Management Advisory Committee, 2003 - 2004)
Active member: Customs Brokers and Freight Forwarders Association of Northern California; California Minority Counsel; Customs Brokers and Forwarders Association of Los Angeles; Washington State Customs Brokers and Freight Forwarders Association; Columbia River Customs Brokers and Forwarders Association.
Past member: Council of Supply Chain Management Professionals, Northern California RoundTable; TechAmeria, National Customs Brokers Association; Customs and Trade Committee; American Association of Exporters and Importers; Women in International Trade, Northern California Chapter; Women in International Trade, Los Angeles Chapter; Foreign Trade Association of Southern California; ICPA (International Compliance Professionals Association).
With 18 years of focused experience in the field of customs and trade, Mr. Nakachi both counsels and advocates across the country on matters such as: tariff classification, valuation, admissibility, origin, marking/labeling, intellectual property rights, and etc. Mr. Nakachi typically represents companies undergoing government audits, federal investigations, or those dealing with penalties, detentions, seizures, or other legal issues related to international trade & customs.
When companies have to defend themselves against the government,
it is sometimes a "bet the company” proceeding. A strong,
impassioned, and tireless defense is necessary to prevail,
and in that regard, I treat each case as if it were my own.
As an administrative attorney, Mr. Nakachi's experience extends across the spectrum of federal and state administrative laws as applied to imported goods. For example, particular goods may be subject to laws, regulations, and/or programs administered by the BIS, CBP, CPSC, DOA, DOC, DOT, EPA, FCC, FTC, FDA, F&WS, ITA, ITC, NOAA, OFAC, OTEXA, USDA, as well as other federal (and state) agencies.
As a compliance attorney, Mr. Nakachi assists clients generally in the functional application of laws and regulations within their complex supply chains. This includes the requirement that importers exercise "reasonable care" within their supply chain and to seek written opinions governing supply chain compliance decisions. Mr. Nakachi also provides strategic direction to importers through compliance review, and long term planning, structuring, and training all related to compliance. Techniques to maximize duty savings may also fall under this umbrella of services.
As a practicing California attorney, Mr. Nakachi is authorized to advise clients with regard to California State legal issues, including California's Unfair Competition matters, CARB enforcement, California Proposition 65 enforcement, or the California's Supply Chains Transparency Act.
Mr. Nakachi is often invited to speak at trade associations, and in venues around the nation related to trade compliance. He serves on the Board of Directors for various private apparel and services companies.
When he is not thinking about trade issues, he may be found spending time with his children, or following little yellow & white balls around green fields and courts.
Represented clients have include public and privately held importers, retailers, wholesalers, distributors, trading companies, trade associations, foreign manufacturers, buying agents, customhouse brokers, freight forwarders, motor carriers, sureties, NVOCCs, shipping lines, selling agents, and other attorneys.
Industries represented have been diverse, including, apparel, aviation & aerospace, automotive, biotechnology, building materials and structures, children's products, consumer products, electronics, firearms, furniture, food and beverages, footwear, industrial chemicals, industrial machinery, luggage, medical devices, petrochemical and gas, pharmaceuticals, plastics, semi-conductors, sporting goods, telecommunications, textiles, tools, transportation intermediaries, weapons, firearms, and etc.
EXAMPLES OF REPRESENTATIONS, (NOT ALL EXHAUSTIVE) INCLUDE:
- Defending importers, and challenging actions by U.S. Customs, including duty demands, penalty actions, detentions/seizures, liquidated damages assessments, and the like.
- Government investigations (including False Claim Act investigations, counterfeiting investigations, and pre-penalty actions).
- Representation during Customs audits. (including focused assessments (FAs), quick response audits (QRAs), and audit surveys.)
- Intellectual Property Rights: Defense of importers accused of entering counterfeit merchandise, as well as working with owners of intellectual property rights to combat counterfeit imports.
- Drafting "Reasonable Care" guidance letters as to general import issues, (e.g., tariff classification, origin, marking, valuation, and/or ADD/CVD scope guidance).
- Challenging government decisions (e.g., rate advances, binding tariff rulings, and the like) through administrative protests, petitions and litigation.
- Litigation to defend against enforcement, or seek injunctions and/or changes to the federal laws concerning imports
- Crafting defensive strategies, including those involving prior disclosures, protests, and/or binding tariff/scope rulings.
- Antidumping and countervailing duties (ADD/CVD) strategy (e.g., scope rulings, administrative reviews, new shipper reviews).
- Export related issues, including AES penalty defense, license applications, C.J. requests, etc.