matt@TradeLawCounsel.com

SAN FRANCISCO:
50 California Street
Suite 1500
San Francisco, CA 94111
(415) 498-0070

LOS ANGELES:
515 South Flower Street, Ste. 3600.
Los Angeles, CA 90071
(213) 458-2602

EDUCATION:
University of California at Hastings College of the Law

PROFESSIONAL ACTIVITIES:
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)

TRADE ASSOCIATIONS:

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).

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MATT NAKACHI represents clients in sensitive matters, disputes, and negotiations with government agencies, and manages the firm's San Francisco, and Los Angeles, California offices.

With over 23 years of focused experience in the field of customs and trade, Mr. Nakachi advises clients daily in complex issues in international trade: 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 issues of liability in international trade & customs.

When companies face the government, this can be a "bet-the-company” event;

a careful and meticulous defense is necessary.  We are good at what we do, and we take all client matters personally.

As an administrative attorney, Mr. Nakachi's experience extends across the spectrum of federal and state administrative laws as applied to imported goods.  Particular goods may be subject to  wide variety of laws, regulations, and special programs administered by the alphabet soup of federal and state administrative agencies, such as the BIS, CBP, CPSC, DOA, DOC, DOT, EPA, FCC, FTC, FDA, F&WS, ITA, ITC, NOAA, OFAC, OTEXA, Treasury, and USDA.

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 when appropriate, seek written guidance on compliance decisions.  Mr. Nakachi provides strategic direction to importers through compliance reviews, long-term planning, structuring, and training related to compliance.

As a practicing California attorney, Mr. Nakachi handles issues such as: California's Unfair Competition Law, Proposition 65 , CA Air Resources Board, and the California Supply Chains Transparency Act.

Mr. Nakachi speaks at trade associations meetings and serves as an adviser, and occasionally as an outside Director for various organizations.

REPRESENTATIVE CLIENTS:  

Represented clients 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 law firms.

REPRESENTED INDUSTRIES:  

Industries represented by Mr. Nakachi are diverse, including, apparel, aviation & aerospace, automotive, batteries, biotechnology, building materials and structures, children's products and toys, consumer products, electronics, firearms, furniture, food and beverages, footwear, industrial chemicals, industrial machinery and control devices, knives and blades, luggage, motors and engines, medical devices, petrochemical and gas, pharmaceuticals, photovoltaic, plastics, semiconductors materials and equipment, sporting goods, transportation intermediaries, telecommunications, textiles, tools, weapons, 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.

  • Legal defense during 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.