Listing pre-owned Mens Swim shorts

Can someone tell me where to go for answers because I have looked everywhere. I am trying to list mens swim shorts that were only worn a couple of times, and in the policy it says I can as long as they havent been worn as underwear, but when I try to list, I only get 2 options New With Tags, or New With Out Tags. Help please. They are good quality and were very expensive.

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Swimwear and underwear cannot be sold on eBay if even worn once for health regulation reasons.

And rightly so IMO.