Hi jasdad -
the options for New or Used showing on the lister page are category dependent. If you have selected a category where this is required by eBay, there will be a pull down menu available on the listing creation page near where you add your Item Condition Note. If this is not required for your category, you would not see the pull down menu on the lister page.
If you encounter a category where the Sell Your Item form on eBay presents such an option and the lister page does not, or should you receive an API error when attempting to post that such is required for your category, please let us know in a support case the item you have encountered difficulty with and the category you are trying to post to so we can look into it.
- Craig