Matt Nakachi

Partner

Nakachi Eckhardt & Jacobson, P.C.

San Francisco50 California Street, Suite 1500
San Francisco, CA 94111
Los Angeles515 South Flower Street, Suite 3600
Los Angeles, CA 90071
Matt Nakachi

Overview

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

With over 26 years of focused experience in customs and trade, Mr. Nakachi advises clients daily on complex issues in international trade, including tariff classification, valuation, admissibility, origin, marking and labeling, and intellectual property rights. He typically represents companies undergoing government audits or federal investigations, or facing penalties, detentions, seizures, or other liability in international trade and customs.

When companies face the government, this can be a "bet the company" event. A careful and meticulous defense is necessary. We are extremely good at what we do and take all client matters personally.

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

As a compliance attorney, Mr. Nakachi assists clients in the functional application of laws and regulations within complex supply chains, including the requirement that importers exercise "reasonable care" and, when appropriate, seek written guidance on compliance decisions. He provides strategic direction through compliance reviews, long term planning, structuring, and training.

As a practicing California attorney, Mr. Nakachi handles matters under California's Unfair Competition Law, Proposition 65, CA Air Resources Board regulations, and the California Transparency in Supply Chains Act.

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

Capabilities

Practice

  • Tariff Classification
  • Customs Valuation
  • Country of Origin & Marking
  • Admissibility
  • Penalties, Detentions & Seizures
  • Customs Audits
  • Antidumping & Countervailing Duties
  • Export Controls
  • Intellectual Property Rights Enforcement
  • Court of International Trade Litigation

Industries

  • Apparel, Footwear & Textiles
  • Aviation & Aerospace
  • Automotive
  • Batteries & Photovoltaic
  • Biotechnology & Pharmaceuticals
  • Building Materials
  • Children's Products & Toys
  • Consumer Products
  • Electronics & Semiconductors
  • Firearms, Knives & Sporting Goods
  • Food & Beverages
  • Furniture
  • Industrial Chemicals & Plastics
  • Industrial Machinery
  • Medical Devices
  • Petrochemical & Gas
  • Telecommunications
  • Transportation Intermediaries

Experience

Representative Matters

  • Defending importers and challenging actions by U.S. Customs, including duty demands, penalty actions, detentions and seizures, and liquidated damages assessments.
  • Legal defense during government investigations, including False Claims Act investigations, counterfeiting investigations, and pre penalty actions.
  • Representation during Customs audits, including focused assessments, quick response audits, and audit surveys.
  • Defense of importers accused of entering counterfeit merchandise, and work with rights holders to combat counterfeit imports.
  • "Reasonable care" guidance letters on tariff classification, origin, marking, valuation, and AD/CVD scope.
  • Challenging government decisions, including rate advances and binding tariff rulings, through protests, petitions, and litigation.
  • Litigation to defend against enforcement, or to seek injunctions or changes to federal law governing imports.
  • Defensive strategies involving prior disclosures, protests, and binding tariff and scope rulings.
  • AD/CVD strategy, including scope rulings, administrative reviews, and new shipper reviews.
  • Export matters, including AES penalty defense, license applications, and commodity jurisdiction requests.

Representative Clients

Public and privately held importers, retailers, wholesalers, distributors, trading companies, trade associations, foreign manufacturers, buying agents, customs brokers, freight forwarders, motor carriers, sureties, NVOCCs, shipping lines, selling agents, and other law firms.

Education

University of California, Hastings College of the Law (J.D., 1999)

Admissions

California

Court Service

U.S. Court of International Trade, Advisory Committee on Court Rules (2008)

U.S. Court of International Trade, Electronic Case Filing and Case Management Advisory Committee (2003 to 2004)

Affiliations

Professional Activities

  • California State Bar
  • American Bar Association, Section of International Law: Chair, Customs Law Committee (2006 to 2008); Vice Chair and Senior Adviser (2012 to 2013); Vice Chair (2004 to 2006); Chair, Subcommittee on First Sale Valuation Commentary (2008); Vice Chair, China Law Committee (2008 to 2009)

Trade Associations

  • Active member, Customs Brokers and Forwarders Association of Los Angeles
  • Past member: American Association of Exporters and Importers; California Minority Counsel; Columbia River Customs Brokers and Forwarders Association; Council of Supply Chain Management Professionals (Northern California RoundTable); Customs Brokers and Freight Forwarders Association of Northern California; Foreign Trade Association of Southern California; International Compliance Professionals Association; National Customs Brokers Association (Customs and Trade Committee); TechAmerica; Washington State Customs Brokers and Freight Forwarders Association; Women in International Trade (Northern California and Los Angeles chapters)