Actually, I know what's going on. First, no one has used your drive. I had a similar issue happen to me, and if I could scan the shipping box I would show you. What happens is that they hold new products at their RMA center just like they would a warehouse. It's how they maximize storage utilization. They don't ship open box items unless you purchased one. If there are scratches, it was probably done at the factory and this is a coincidence. I wasn't happy when I got my processor from the RMA warehouse until I found out it was brand new.
I hope this gives you piece of mind.