The defining criterion is fitness for immediate consumption. Provisionally preserved cherries under 0812 are treated specifically to make them unsuitable for direct eating — they require further processing (such as desulfuring and dyeing for maraschino production). Cherries packed in brine or syrup that are ready to eat would be classified under the prepared or preserved fruit headings in Chapter 20.

Yes, provisionally preserved fruit imported as an industrial input may be eligible for duty drawback if it is substantially transformed or incorporated into an exported product. Importers should work with a licensed customs broker to structure the entry correctly and maintain the records required to support a drawback claim.