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 over 20 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.
To prevail 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. 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, Treasury, 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 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 is authorized to advise clients on California State legal issues, including matters arising from California's Unfair Competition Law, CARB enforcement, California Proposition 65 enforcement, or the California 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 as an adviser, or on the Board of Directors for private apparel and services companies. When he is not otherwise thinking about trade issues, he may be found spending time with his children, or playing various sports featuring white/yellow balls.
Represented clients have included 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 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, 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.