Now that we're into splitting hairs, I will say that I consider it like this:
If I were to get a great deal on lowers and buy three at once, and got other similar deals on lower parts kits and uppers as well, (and this stuff is all brand new), if I built up three new rifles and sold one as a new rifle, then I could be in danger of running afoul of the law.
The catch is building one up and selling it as NEW.
If you put 200 rounds through it and sold at as very slightly used, you could get away with saying that you bought it for your own personal use, tried it out, didn't quite like it, and decided to sell it.
You could also get away with saying that you've just run low on money and have to sell these rifles out of your collection.
It's sort of a "You can get away with it once or twice" scenario. If you're building rifles specifically to sell them, you're on thin ice and if you are regularly selling your rifles from a table at a gun show, you're begging to be noticed.
There's also a time element. I don't think I'd want to be selling a rifle with a receiver that went into the manufacturer's logs as shipped just a few months or weeks ago. It'd be difficult to call a six week old rifle "used" unless it had clearly been used a lot in that time.
Caution and discretion.
CJ