In the US, the uniform commercial code says that all stuff, even computers, that has ever been sold at retail is NOT new, and can not be sold as new.
Apple does not deliberately violate those laws just to make another buck.
As John Galt points out, Apple has a whole online store where it re-markets those and other 'nearly new' units generated during the course of it large-scale business. They are always identified as refurbished and re-certified to the same cometic and operational standards. They would otherwise be indistinguishable from new, but they are never represented as new.
¿Did you buy DIRECT from Apple, or from a Reseller?