Well, are you using frames? Google has gotten pretty good about punishing people who use <noscript> but don't use any script on the page. I would imagine the same goes here.
I would refrain from using the <no frame> tag if your site does not use frames. I am against using frames all together on a design as I feel it is a bad step in your search engine marketing efforts.
The site is using frames but the content in then no frame tag is not present on the page. Sounds to me like cloaking.
I would concur. Google will definitely call this cloaking if different content is shown to a spider then a surfer, and I think this fits that description.