Matthew R. Nicely, Partner, International Trade | Akin

Matthew R. Nicely

Partner

Areas of Focus

Matthew R. Nicely, Partner, International Trade | Akin

Matthew R. Nicely

Partner

mnicely@akingump.com

Areas of Focus

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Biography
  • Represents corporate and government clients in trade remedy litigation covered by antidumping, countervailing duty, safeguard and other laws affecting imports of goods.
  • Counsels and defends clients on customs regulatory issues and in administrative and appellate litigation.
  • Advises on international obligations and opportunities under bilateral, regional and multilateral trade and investment agreements, including pursuing and defending disputes under such agreements.
  • Recently completed two-year term as President of the Customs and International Trade Bar Association.

Matt is a partner in Akin’s international trade practice where he focuses mostly on trade remedies, customs, and other trade policies affecting the importation of goods.

Matt has represented clients across multiple industries in antidumping duty, countervailing duty, and safeguard litigation, and regularly provides counsel on the business implications of day-to-day trade and customs regulation. He regularly appears before various U.S. agencies and courts, including in proceedings before the Department of Commerce (DOC), Customs and Border Protection (CBP), International Trade Commission (ITC) and the Office of the U.S. Trade Representative (USTR). He also represents clients in appeals before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. His current casework includes representing U.S. importers in federal court litigation over Section 301 duties on U.S. imports from China, and representing the U.S. solar deployment industry in administrative agency and court proceedings involving trade remedy duties and other trade restrictions on U.S. imports of crystalline silicon photovoltaic (CSPV) solar products.

Matt also advises clients on opportunities and risks presented by international obligations under bilateral, regional and multilateral trade and investment agreements, including World Trade Organization (WTO) dispute resolution and counseling. Relying on his knowledge of WTO agreements, Matt advises clients on whether actions taken by member governments comply with WTO agreements, on implementation procedures under U.S. law, and on methods for resolving trade disputes, including through formal dispute settlement.

In addition to his remedies, policy and WTO work, Matt has experience in the full range of the U.S. trade regulatory regime, including export controls, economic sanctions, anticorruption, and antiboycott laws.

As an adjunct law professor at the American University Washington College of Law, Matt co-teaches a course on “The U.S. Trade Regime” and assists with coaching the school’s WTO moot court team. Matt has also served in various leadership positions in the trade bar throughout his career, most recently as President of the Customs and International Trade Bar Association (CITBA) from 2020-2022.

Representative Work
  • Represents associations and companies in ongoing AD, CVD and safeguard matters involving imports of solar cells and modules before DOC, ITC and the federal courts.
  • Leads the largest trade lawsuit in history challenging President Trump’s Section 301 duties on imports from China.
  • Represents the largest Mexican exporter and its U.S. parent before the DOC and the ITC in AD and CVD cases against U.S. imports of fabricated structural steel from Mexico, Canada and China, and in appeals before North American Free Trade Agreement (NAFTA) panels and the federal courts.
  • Represents a Mexican producer of residential washers in an AD case before DOC and in NAFTA panel appeals.
  • Represented a coalition of importers and exporters before the ITC in a safeguard case against imports of fresh and frozen blueberries.
  • Represented the 60-company strong Ad Hoc Coalition of Cabinet Importers before the ITC in AD and CVD cases against wooden cabinets from China.
  • Represented three Japanese steel producers in the ITC’s fourth sunset review of the AD duty orders against Stainless Steel Bar from Brazil, India, Japan and Spain.
  • Represented the government of Canada in the Softwood Lumber AD and CVD litigation before the DOC and ITC
  • Represented a Southeast Asian government in biodiesel CVD cases before the DOC and ITC.
  • Represented a multinational chemical company in customs litigation before the Court of Appeals for the Federal Circuit.
  • Represented a major German manufacturer in AD proceedings on lightweight thermal paper from Germany before the DOC and ITC and in federal courts.
  • Represented a Latin American government in a CVD investigation on sugar from Mexico.
  • Represented a major replacement tires retailer and wholesaler in AD/CVD investigations of passenger and light truck tires from China and represented the same company in earlier China safeguard and related customs matters.
  • Represented exporters and importers in AD and CVD investigations and reviews of frozen warmwater shrimp from Vietnam and other countries.
  • Counseled a large financial information services supplier on foreign market access issues, including a WTO dispute with China regarding restrictions on marketing, sales and investment in financial information services.
  • Counseled a television programming association and industry members on market access barriers and intellectual property violations in foreign markets.
  • Represented a major solar energy developer in AD/CVD investigation of solar cells and modules from China.
  • Represented a major producer and importer in an AD/CVD case against refrigerators from Mexico.
  • Represented a Southeast Asian government and various exporters in the investigation and review of the first U.S. AD case against Vietnam on fish fillets.
  • Advised an Asian government and industry in the WTO appeal on U.S. hot-rolled steel AD measures (2000-2001), WTO appeal on U.S. steel safeguard measures (2002-2003) and the WTO appeal on U.S. sunset procedures (2002-2003).
  • Advised an Australasian government and industry in the 2000 International Trade Centre midterm review and a WTO appeal of U.S. lamb meat safeguard measures
  • . Helped lead joint injury defenses of importers, foreign producers and foreign exporters, incorporating novel economic and econometric analyses, in the 1999-2000 and 1992-1993 U.S. cold-rolled steel AD/CVD investigations and Court of International Trade appeals, and in the 2001 U.S. steel safeguard investigations.
  • Supervised various DOC AD investigations and administrative reviews for Japanese and Brazilian steel and Thai canned pineapple clients.
  • Led a factual investigation on behalf of a multinational photography company in a 1995 Section 301 market access case involving photographic film and paper before the USTR.

"He is very thorough and analytical when it comes to understanding the problems."
Chambers Global, 2022

Education
  • J.D., American University, Washington College of Law, cum laude, 1991

  • B.A., Oberlin College, 1987

Bar Admissions
  • District of Columbia

Recognitions
  • The Legal 500 US, Dispute Resolution: International Trade and Leading Lawyer, 2024.
  • The American Lawyer, South Trailblazer, 2022.
  • Chambers USA, International Trade Law: Trade Remedies and Trade Policy.
  • Chambers Global, WTO/International Trade: Trade Remedies and Trade Policy.
  • Who’s Who Legal, Trade & Customs.
  • The Best Lawyers in America, International Trade and Finance.
  • Super Lawyers, Washington, D.C.
Affiliations and Public Service
  • President, Customs and International Trade Bar Association (CITBA), 2020 to present; vice president, 2018-2020.
  • Co-chair, Georgetown University Law Center, International Trade Update CLE Advisory Board, 2018 to present.
  • Adjunct Professor, American University Washington College of Law, 2007 to present.
  • Member, U.S. Court of International Trade Advisory Committee on Rules, 2008 to present.
  • Member, Washington International Trade Association.
  • Co-chair and vice chair, American Bar Association, Section on International Law, International Trade Committee, 2003-2010.
  • Board member, JHP Inc. (Jobs Have Priority, aka Jobs for Homeless People), 2003 to present; board president, 2006-2009; board vice president, 2012-2015; board treasurer, 2005-2006.
Speeches and Publications
  • Returning to Roots: Matt Nicely’s Journey in International Trade Law,” profiled in The Advocate, Summer/Fall 2024.
  • Panelist, "Auxin Solar Panel Utilization Briefing and Discussion - Part III," Solar Energy Industries Association (SEIA), April 5, 2024.
  • Panelist, “Overview of the U.S. Trade Regime,” Washington College of Law, American University, Summer Certificate Program, WTO & U.S. Trade Law and Policy, June 27, 2022.
  • Panelist, “Mitigating an Unnatural Disaster: Auxin Circumvention Case Update,” Solar Energy Industries Association (SEIA), June 7, 2022.
  • Panelist, “New Tariff Investigation—An Unnatural Disaster for the U.S. Solar Industry,” SEIA, April 5, 2022.
  • Panelist, “Anti-Circumvention Webinar,” ROTH Capital, February 15, 2022.
  • Panelist, “New Solar AD/CVD Tariff Petitions: What it Means for Your Business & What You Can Do About It,” SEIA, September 9, 2021.
  • Panelist, “Overview of the U.S. Trade Regime,” Washington College of Law, American University, Summer Certificate Program, WTO & U.S. Trade Law and Policy, June 28, 2021.
  • Panelist, “Renewable Energy, Climate Change and Trade,” Washington College of Law, American University, Summer Certificate Program, WTO & U.S. Trade Law and Policy, June 30, 2021.
  • Panelist, “Evolving Role of the United States in World Trade,” Washington College of Law, American University, Summer Certificate Program, WTO & U.S. Trade Law and Policy, June 28, 2021.
  • Moderator, “Fireside Chat with Court of International Trade Chief Judge Mark A. Barnett, Judge Timothy C. Stanceu, and Judge Stephen Alexander Vaden,” Customs and International Trade Bar Association (CITBA) Spring Meeting, May 20, 2021.
  • Panelist, “Trade Remedies: WTO and US AD/CVD and Safeguards: Comparative Analysis and Future Trends,” Washington College of Law, American University, July 8, 2020.
  • Moderator, “Key Developments in Commerce Trade Remedy Matters (AD/CVD),” Georgetown Law Center, International Trade Update, March 6, 2020.
  • Panelist, “Multilateral Trading System: What to Expect,” ABCI Symposium, November 5, 2019.
  • Panelist, “Scope Endgame,” Court of International Trade Judicial Conference, November 18, 2019.

Insights and Achievements

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