Matt Nakachi
Junker & Nakachi
One Market Street, Spear Tower; Suite 3600; San Francisco, California 94105
(415) 498-0070
Fax: (415) 795-4677
Mr. Nakachi specializes in representing clients in sensitive matters, disputes, and negotiations with government agencies, and manages the firm's San Francisco, and Los Angeles, California offices.
With 19 years of focused experience in the field of customs and trade, Mr. Nakachi counsels and advocates on federal compliance 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 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 take these cases 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, 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 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 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 sports with little white or yellow balls.
REPRESENTATIVE CLIENTS:
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.
REPRESENTED INDUSTRIES:
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.
- 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.