Apparently, according to ET, things that have sold very few, or zero, times before have no guidelines for what is an acceptable sale price, so they seem to always get flagged for abuse.

Personally, I think ET could resolve this by looking at all items without enough results, determining how many sales each of them will need to have an acceptable guideline for the abuse checker, and then put that many up for sale himself, pre-marking the auctions as non-abuse (if his auctions even get checked).